KAR LOK INVESTMENT CO LTD v. SIU PUI TO

KAR LOK INVESTMENT CO LTD v. SIU PUI TO

Appeal dismissed because the defendant failed to discharge the burden to show triable issues or an arguable defence: the tenancy obligation to pay rent is independent of repair obligations and the defendant produced only bare assertions without particulars or documentary evidence; no permission was sought or granted to adduce new evidence on appeal under Order 58 r 1(4) RDC.

Citation
KAR LOK INVESTMENT CO LTD v. SIU PUI TO
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 January 2016
Case Number
DCCJ4139/2015
Procedural Posture
Landlord and Tenant / Recovery of Rent and Possession / Appeal Against Registrar's Order Following Order 14 Summary Judgment
Outcome
Appeal dismissed; Registrar Lui's Order upheld.
Legal Topics
Summary Judgment, Forfeiture of Lease, Rent Arrears, Mesne Profits, Relief From Forfeiture, Order 14, Admission of Further Evidence on Appeal
Source Language
EN
Landlord and Tenant Civil Procedure Contract Summary Judgment Forfeiture of Lease Rent Arrears Mesne Profits Relief From Forfeiture +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Landlord and Tenant / Recovery of Rent and Possession / Appeal Against Registrar's Order Following Order 14 Summary Judgment

Legal Issues

  1. 1 Whether Registrar Lui was correct to grant summary judgment under Order 14
  2. 2 Whether the defendant had an arguable defence to withhold rent for alleged disrepair
  3. 3 Whether further evidence could be admitted on appeal under Order 58 r 1(4) RDC

Ratio Decidendi

Appeal dismissed because the defendant failed to discharge the burden to show triable issues or an arguable defence: the tenancy obligation to pay rent is independent of repair obligations and the defendant produced only bare assertions without particulars or documentary evidence; no permission was sought or granted to adduce new evidence on appeal under Order 58 r 1(4) RDC.

Court Disposition

Appeal dismissed; Registrar Lui's Order upheld.

Orders

  • Vacant possession of the premises to plaintiff as ordered by Registrar Lui
  • Payment of 4 months arrears of rent in the sum of HK$52,000 to plaintiff