YIKTOWN PROPERTIES LTD v. JEON BOK SOOL

YIKTOWN PROPERTIES LTD v. JEON BOK SOOL

The judge preferred the plaintiff's witness (Wan) over the defendant and found there were no representations, warranties or collateral contract that the premises were fit for a restaurant nor admissible evidence that the toilets were unauthorized building works; defendant failed to pay rent and was in repudiatory breach which the plaintiff accepted by serving the writ; plaintiff entitled to arrears, mesne profits and damages less credit for deposit; counterclaim dismissed.

Citation
YIKTOWN PROPERTIES LTD v. JEON BOK SOOL
Parties
Plaintiff (landlord): Yiktown Properties Limited; Defendant (tenant): Jeon Bok Sool
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 August 2011
Case Number
HCA2189/2007
Procedural Posture
Landlord and Tenant Dispute / Judgment at Court of First Instance
Outcome
Judgment for plaintiff; counterclaim dismissed.
Legal Topics
Repudiatory Breach, Rescission, Misrepresentation, Collateral Contract, Unauthorized Building Works, Mesne Profits, Damages, Licensing
Source Language
EN
Landlord and Tenant Contract Property Administrative/building Regulations Repudiatory Breach Rescission Misrepresentation Collateral Contract +4 more

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Parties

Yiktown Properties Limited

Plaintiff (landlord)

Jeon Bok Sool

Defendant (tenant)

Procedural Posture

Landlord and Tenant Dispute / Judgment at Court of First Instance

Legal Issues

  1. 1 Whether defendant repudiated the tenancy by failing to pay rent for Sept–Oct 2007
  2. 2 Whether pre-contractual representations/warranties or collateral contract existed that premises were fit for a restaurant
  3. 3 Whether toilets constituted unauthorized building works and whether plaintiff knew of them

Ratio Decidendi

The judge preferred the plaintiff's witness (Wan) over the defendant and found there were no representations, warranties or collateral contract that the premises were fit for a restaurant nor admissible evidence that the toilets were unauthorized building works; defendant failed to pay rent and was in repudiatory breach which the plaintiff accepted by serving the writ; plaintiff entitled to arrears, mesne profits and damages less credit for deposit; counterclaim dismissed.

Court Disposition

Judgment for plaintiff; counterclaim dismissed.

Orders

  • Judgment for plaintiff against defendant in the sum of HK$490,666.67
  • Interest on the judgment sum from 17 October 2007 to judgment at 1% above HSBC best lending rate and thereafter at judgment rate