NG WAN, PROPRIETOR OF SANG KEE v. SO YIM

NG WAN, PROPRIETOR OF SANG KEE v. SO YIM

The appeal is dismissed on the substantive issues because the Tribunal's factual findings that the parties became co‑tenants are supported by the record and will not be disturbed on appeal; however the Tribunal had no jurisdiction to make the rent allocation order for the portion occupied by the respondent, and that specific order is declared of no effect; costs awarded accordingly.

Citation
NG WAN, PROPRIETOR OF SANG KEE v. SO YIM
Parties
Appellant (applicant): Ng Wan, Proprietor of Sang Kee; Respondent (opponent): So Yim
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 November 1947
Case Number
DCMP24/1947
Procedural Posture
Appeal (tenancy) / Judgment on Appeal
Outcome
Appeal dismissed on the substantial issues; Tribunal's order as to rent declared of no effect; costs awarded to respondent.
Legal Topics
Possession, Co Tenancy, Subtenancy, Licence V Tenancy, Jurisdiction of Tenancy Tribunal, Rent Allocation, Appeal Standard of Review
Source Language
EN
Landlord and Tenant Property Administrative/tribunal Procedure Possession Co Tenancy Subtenancy Licence V Tenancy Jurisdiction of Tenancy Tribunal +2 more

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Parties

Ng Wan, Proprietor of Sang Kee

Appellant (applicant)

So Yim

Respondent (opponent)

Procedural Posture

Appeal (tenancy) / Judgment on Appeal

Legal Issues

  1. 1 Whether the Tenancy Tribunal had jurisdiction to order a rent allocation for part occupation
  2. 2 Whether the respondent was a tenant rather than a licensee or other non‑tenanted occupant
  3. 3 Whether the Tribunal's decision was against the weight of evidence such as to justify allowing the appeal

Ratio Decidendi

The appeal is dismissed on the substantive issues because the Tribunal's factual findings that the parties became co‑tenants are supported by the record and will not be disturbed on appeal; however the Tribunal had no jurisdiction to make the rent allocation order for the portion occupied by the respondent, and that specific order is declared of no effect; costs awarded accordingly.

Court Disposition

Appeal dismissed on the substantial issues; Tribunal's order as to rent declared of no effect; costs awarded to respondent.

Orders

  • Appeal dismissed on the substantive issues.
  • Order of the Tenancy Tribunal fixing rent for the part occupied by the respondent declared of no effect.