TAT HING FIRM v. KWONG SHEUNG FIRM

TAT HING FIRM v. KWONG SHEUNG FIRM

Appellate court upheld the Tribunal's factual finding that there had been a transfer of possession based on evidence of change of signboard, employees and business and absence of supporting partnership records; the court declined to adopt a rule that mere change of trading name or business automatically amounts to transfer and refused to disturb the Tribunal's fact finding; appeal dismissed.

Citation
TAT HING FIRM v. KWONG SHEUNG FIRM
Parties
Appellants (opponents): Tat Hing Firm; Respondents (applicants): Kwong Sheung Firm
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 February 1948
Case Number
DCMP19/1947
Procedural Posture
Tenancy Tribunal Appeal (summary Jurisdiction) / Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
Possession, Assignment, Transfer of Lease, Eviction, Burden of Proof, Firm Registration
Source Language
EN
Property Law Tenancy Law Partnership Law Procedural Law Possession Assignment Transfer of Lease Eviction +2 more

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Parties

Tat Hing Firm

Appellants (opponents)

Kwong Sheung Firm

Respondents (applicants)

Procedural Posture

Tenancy Tribunal Appeal (summary Jurisdiction) / Judgment on Appeal

Legal Issues

  1. 1 Whether there was a transfer or parting with possession of demised premises in breach of covenant without landlord's written consent
  2. 2 Whether change of firm name/business/employee composition amounts to transfer of possession
  3. 3 Whether findings of Tribunal on facts should be disturbed on appeal

Ratio Decidendi

Appellate court upheld the Tribunal's factual finding that there had been a transfer of possession based on evidence of change of signboard, employees and business and absence of supporting partnership records; the court declined to adopt a rule that mere change of trading name or business automatically amounts to transfer and refused to disturb the Tribunal's fact finding; appeal dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Original Tribunal order: possession to be returned to applicant within 30 days from date of order
  • Original Tribunal order: mesne profits from 1 October 1946 to date of delivery of possession at the rate of $160 per month