SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD

SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD

Because the defendant admitted occupation and agreed a monthly rent of $4,560, and the defendant's counterclaim did not plead or prove damages exceeding the plaintiff's claim, the court granted an interim payment of $95,760 with specified interest and ordered monthly payments of $4,560 until trial or further order; claims for rates were deferred because areas were disputed; no order as to costs.

Citation
SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 November 2008
Case Number
DCCJ2193/2007
Procedural Posture
Interim Payment Application (order 29 Rule 12) / District Court Interim Application Hearing Decision
Outcome
Application allowed in part; interim payment ordered
Legal Topics
Interim Payment, Rent Arrears, Mesne Profits, Rates, Use and Occupation
Source Language
EN
Landlord and Tenant Contract Civil Procedure Interim Relief Interim Payment Rent Arrears Mesne Profits Rates +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Interim Payment Application (order 29 Rule 12) / District Court Interim Application Hearing Decision

Legal Issues

  1. 1 Whether plaintiff entitled to interim payment for arrears of rent/mesne profits
  2. 2 Whether the defendant's counterclaim defeats or offsets the interim payment
  3. 3 Whether rates payable can be assessed in absence of agreed or proven areas

Ratio Decidendi

Because the defendant admitted occupation and agreed a monthly rent of $4,560, and the defendant's counterclaim did not plead or prove damages exceeding the plaintiff's claim, the court granted an interim payment of $95,760 with specified interest and ordered monthly payments of $4,560 until trial or further order; claims for rates were deferred because areas were disputed; no order as to costs.

Court Disposition

Application allowed in part; interim payment ordered

Orders

  • Defendant to pay $95,760 to the plaintiff within 21 days with interest at 50% judgment rate from 19 May 2007 to date and at judgment rate from 11 November 2008 until payment
  • From 15 November 2008 and thereafter on the 15th day of each month, defendant to pay $4,560 to the plaintiff within 7 days of each such 15th day until trial or further order