WONG YING WAH v. YEUNG TSANG YING YING SOPHIA

WONG YING WAH v. YEUNG TSANG YING YING SOPHIA

The respondent failed to show a reasonable prospect of success on appeal because she produced no evidence that the landlord had prior knowledge of any electrical defect and the law does not impose an implied warranty of fitness for an unfurnished dwelling; consequently leave to appeal was refused and the respondent ordered to pay the applicant's costs of the application assessed at $5,000.

Citation
WONG YING WAH v. YEUNG TSANG YING YING SOPHIA
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 October 2015
Case Number
LDPD861/2015
Procedural Posture
Landlord Tenant/possession Dispute / Interlocutory Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Possession, Rent Arrears, Leave to Appeal, Frustration of Contract, Costs Assessment, Causation of Fire, Evidence
Source Language
EN
Landlord and Tenant Civil Procedure Appeal Possession Rent Arrears Leave to Appeal Frustration of Contract Costs Assessment +2 more

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Procedural Posture

Landlord Tenant/possession Dispute / Interlocutory Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted under s11AA(6) LTO
  2. 2 Whether landlord was liable for rent after the fire due to defect in wiring or implied warranty of fitness
  3. 3 Whether the tenancy was frustrated by the fire and effect on mesne profits

Ratio Decidendi

The respondent failed to show a reasonable prospect of success on appeal because she produced no evidence that the landlord had prior knowledge of any electrical defect and the law does not impose an implied warranty of fitness for an unfurnished dwelling; consequently leave to appeal was refused and the respondent ordered to pay the applicant's costs of the application assessed at $5,000.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Respondent to pay applicant costs of this application summarily assessed at 5,000 HKD