CHUE WAI SEEN AND ANOTHER v. WONG CHUI LING

CHUE WAI SEEN AND ANOTHER v. WONG CHUI LING

Defendant's case was not credible in light of the parties' conduct and contemporaneous evidence; the true common intention was tenancy of the Middle Shop only and rectification of the Agreement was warranted; therefore summary judgment was appropriate on the rectified claim and s21G applied to dispense with a formal demand.

Citation
CHUE WAI SEEN AND ANOTHER v. WONG CHUI LING
Parties
Landlord: Plaintiffs; Defendant/tenant: Jeannie My Mok So
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2002
Case Number
HCA236/2002
Procedural Posture
Landlord and Tenant Recovery of Possession and Rectification of Lease / Appeal From Master's Summary Judgment; Decision on Order 14 Application
Outcome
Appeal allowed in part; master's order set aside; summary judgment entered for plaintiffs on the amended claim for rectification and vacant possession of the Middle Shop subject to s21F.
Legal Topics
Rectification, Summary Judgment, Vacant Possession, Mesne Profits, High Court Ordinance S21 F and S21 G
Source Language
EN
Property Law Contract Law Civil Procedure Equity Rectification Summary Judgment Vacant Possession Mesne Profits +1 more

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Parties

Plaintiffs

Landlord

Jeannie My Mok So

Defendant/tenant

Procedural Posture

Landlord and Tenant Recovery of Possession and Rectification of Lease / Appeal From Master's Summary Judgment; Decision on Order 14 Application

Legal Issues

  1. 1 Whether the tenancy covered the Middle Shop only or the entire property
  2. 2 Whether the written agreement should be rectified to reflect the parties' actual agreement
  3. 3 Whether the defendant raised a bona fide triable defence to defeat summary judgment

Ratio Decidendi

Defendant's case was not credible in light of the parties' conduct and contemporaneous evidence; the true common intention was tenancy of the Middle Shop only and rectification of the Agreement was warranted; therefore summary judgment was appropriate on the rectified claim and s21G applied to dispense with a formal demand.

Court Disposition

Appeal allowed in part; master's order set aside; summary judgment entered for plaintiffs on the amended claim for rectification and vacant possession of the Middle Shop subject to s21F.

Orders

  • Appeal allowed and master's order set aside with costs to the defendant to be taxed if not agreed.
  • Summary judgment entered for plaintiffs on amended statement of claim for rectification of the Agreement to record the tenancy of the Middle Shop only.