歡興有限公司 對 覃美金

歡興有限公司 對 覃美金

The court held that the landlord's entitlement to possession and to recover rent is not defeated by the defendant's separate dispute with HSBC Trustee; the defendant had not paid rent after 19 February 2013 and offered no arguable ground or adequate justification to permit a late appeal, so the application to file an out-of-time appeal was dismissed and costs were awarded to the plaintiff.

Citation
歡興有限公司 對 覃美金
Parties
Plaintiff / Respondent: HAPPY AIM LIMITED (歡興有限公司); Defendant / Appellant: 覃美金
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 June 2013
Case Number
HCA311/2013
Procedural Posture
Civil (landlord Tenant: Possession and Rent Recovery) / Application to File Out of Time Appeal Against Registrar's/masters Order; Determination on Permission and Costs
Outcome
Application to file out-of-time appeal dismissed; hearing officer's orders upheld in substance; costs awarded to plaintiff
Legal Topics
Possession, Rent Arrears, Mesne Profits, Out of Time Appeal, Joinder of Third Party (trustee), Costs
Source Language
CH
Civil Landlord and Tenant Trusts and Estates Civil Procedure Appeals Possession Rent Arrears Mesne Profits Out of Time Appeal +2 more

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Parties

HAPPY AIM LIMITED (歡興有限公司)

Plaintiff / Respondent

覃美金

Defendant / Appellant

Procedural Posture

Civil (landlord Tenant: Possession and Rent Recovery) / Application to File Out of Time Appeal Against Registrar's/masters Order; Determination on Permission and Costs

Legal Issues

  1. 1 Whether the defendant should be permitted to file an out-of-time appeal against the hearing officer's order
  2. 2 Whether the defendant's dispute with HSBC Trustee affects the plaintiff's independent right to rent and possession
  3. 3 Whether HSBC should be joined as a co-defendant in the landlord-tenant claim

Ratio Decidendi

The court held that the landlord's entitlement to possession and to recover rent is not defeated by the defendant's separate dispute with HSBC Trustee; the defendant had not paid rent after 19 February 2013 and offered no arguable ground or adequate justification to permit a late appeal, so the application to file an out-of-time appeal was dismissed and costs were awarded to the plaintiff.

Court Disposition

Application to file out-of-time appeal dismissed; hearing officer's orders upheld in substance; costs awarded to plaintiff

Orders

  • Application to file out-of-time appeal dismissed
  • Defendant to pay plaintiff's costs fixed at HKD 1500