WONG WAI KING AND OTHERS v. 李夏 AND ANOTHER

WONG WAI KING AND OTHERS v. 李夏 AND ANOTHER

The 2nd Defendant produced a disputed 2010 receipt and other factual material that, if accepted, establishes an arguable defence to the plaintiffs' claim for possession and rent and therefore summary judgment must be refused as to her; unconditional leave to defend is granted to the 2nd Defendant and costs of the application ordered to be costs in the cause (nisi).

Citation
WONG WAI KING AND OTHERS v. 李夏 AND ANOTHER
Parties
1st Plaintiff: WONG WAI KING (personal representative of MAN HEUNG WING deceased); 2nd Plaintiff: MAN SHU KWAN; 3rd Plaintiff: MAN HEUNG CHEUK; 4th Plaintiff: MAN HEUNG SHU; 5th Plaintiff: MAN HEUNG WAH; 6th Plaintiff: MAN LAI LIM; 1st Defendant (unnamed in Record): 1st Defendant; 2nd Defendant: 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 October 2013
Case Number
DCCJ935/2012
Procedural Posture
Landlord and Tenant — Possession and Rent / Application for Summary Judgment (order 14) — Decision on Leave to Defend
Outcome
Summary judgment refused as to 2nd Defendant; unconditional leave granted to 2nd Defendant to defend; costs order nisi for costs in the cause to be made absolute within 14 days; 1st Defendant had earlier judgment entered against him on 30 April 2013.
Legal Topics
Possession, Mesne Profit, Rent Arrears, Summary Judgment, Proprietary Estoppel, Periodic Tenancy, Notice to Terminate
Source Language
EN
Property Law Landlord and Tenant Civil Procedure Equity Possession Mesne Profit Rent Arrears Summary Judgment +3 more

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Parties

WONG WAI KING (personal representative of MAN HEUNG WING deceased)

1st Plaintiff

MAN SHU KWAN

2nd Plaintiff

MAN HEUNG CHEUK

3rd Plaintiff

MAN HEUNG SHU

4th Plaintiff

MAN HEUNG WAH

5th Plaintiff

MAN LAI LIM

6th Plaintiff

1st Defendant

1st Defendant (unnamed in Record)

2nd Defendant

2nd Defendant

Procedural Posture

Landlord and Tenant — Possession and Rent / Application for Summary Judgment (order 14) — Decision on Leave to Defend

Legal Issues

  1. 1 Whether plaintiffs entitled to summary judgment for possession and outstanding rent
  2. 2 Whether 2nd Defendant has an arguable defence based on a disputed 2010 receipt indicating payment and a periodic tenancy covering 2010–2012
  3. 3 Whether notice of termination served 11 Nov 2010 defeated any tenancy alleged to commence in 2012

Ratio Decidendi

The 2nd Defendant produced a disputed 2010 receipt and other factual material that, if accepted, establishes an arguable defence to the plaintiffs' claim for possession and rent and therefore summary judgment must be refused as to her; unconditional leave to defend is granted to the 2nd Defendant and costs of the application ordered to be costs in the cause (nisi).

Court Disposition

Summary judgment refused as to 2nd Defendant; unconditional leave granted to 2nd Defendant to defend; costs order nisi for costs in the cause to be made absolute within 14 days; 1st Defendant had earlier judgment entered against him on 30 April 2013.

Orders

  • Unconditional leave to 2nd Defendant to defend the action
  • Costs in the cause — costs of this application to be costs in the cause, to be taxed if not agreed, with counsel certificate; costs nisi to be made absolute within 14 days