Global Union Ltd. v. Deluxe Fashion Co. and Another

Global Union Ltd. v. Deluxe Fashion Co. and Another

The Applicant proved the existence of the tenancy and non‑payment of rent from 16 October 1998; the Respondents' filed defence disclosed no real answer to the claim for rent; the Lands Tribunal, exercising its informal summary procedure and subject to s.21F High Court Ordinance, Cap. 4, was entitled to strike out the ineffective defence, enter judgment for arrears and order possession with the usual provision for relief against forfeiture.

Citation
Global Union Ltd. v. Deluxe Fashion Co. and Another
Parties
Applicant (landlord): Global Union Limited; First Respondent (tenant Entity): Deluxe Fashion Co.; Second Respondent (tenant/manager): LEUNG Bik-san
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 April 1999
Case Number
LDPE546/1998
Procedural Posture
Landlord and Tenant — Recovery of Rental Arrears and Possession / Trial and Judgment (summary Hearing)
Outcome
Judgment for Applicant: rental arrears awarded from 16 October 1998; possession granted to Applicant with provision for relief against forfeiture under s.21F High Court Ordinance Cap.4; costs awarded to Applicant.
Legal Topics
Rent Arrears, Possession, Summary Disposal, Adjournment Application, Leave to Appeal Out of Time, Striking Out Defence
Source Language
EN
Landlord and Tenant Civil Procedure Property Possession Statutory Relief Against Forfeiture Rent Arrears Possession Summary Disposal Adjournment Application +2 more

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Parties

Global Union Limited

Applicant (landlord)

Deluxe Fashion Co.

First Respondent (tenant Entity)

LEUNG Bik-san

Second Respondent (tenant/manager)

Procedural Posture

Landlord and Tenant — Recovery of Rental Arrears and Possession / Trial and Judgment (summary Hearing)

Legal Issues

  1. 1 Whether the Applicant proved tenancy and unpaid rent such that judgment for arrears should be entered
  2. 2 Whether possession should be granted to the landlord
  3. 3 Whether the Tribunal should summarily dispose of the claim and strike out the defence as disclosing no real defence

Ratio Decidendi

The Applicant proved the existence of the tenancy and non‑payment of rent from 16 October 1998; the Respondents' filed defence disclosed no real answer to the claim for rent; the Lands Tribunal, exercising its informal summary procedure and subject to s.21F High Court Ordinance, Cap. 4, was entitled to strike out the ineffective defence, enter judgment for arrears and order possession with the usual provision for relief against forfeiture.

Court Disposition

Judgment for Applicant: rental arrears awarded from 16 October 1998; possession granted to Applicant with provision for relief against forfeiture under s.21F High Court Ordinance Cap.4; costs awarded to Applicant.

Orders

  • Order for possession of Shop No.1, Ground Factory C13, Hong Kong Industrial Centre, with usual provision for relief against forfeiture under s.21F High Court Ordinance, Cap.4
  • Judgment for rental arrears from 16 October 1998