SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD

SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD

Summary judgment was refused because there are serious and unresolved factual disputes, principally conflicting and inconsistent plans and evidence as to the precise location and area of the premises to be delivered up, together with other contested factual matters affecting credibility; those disputes require trial and cross‑examination and therefore the summons for final judgment for possession must be dismissed.

Citation
SAR DEVELOPMENTS LTD v. WORLDEX STONE CLADDING ENGINEERING LTD
Parties
Plaintiff: SAR DEVELOPMENTS LIMITED; Defendant: WORLDEX STONE CLADDING ENGINEERING LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 January 2008
Case Number
DCCJ2193/2007
Procedural Posture
Civil Possession (tenancy) Summary Judgment Application Under Order 14 / Summary Judgment Hearing (order 14); Summons Dismissed; Matter Directed to Trial
Outcome
Plaintiff's summons for summary judgment dismissed; matter to proceed to trial; costs awarded to defendant
Legal Topics
Summary Judgment, Possession, Tenancy Agreement, Forfeiture, Misrepresentation, Statutory Protections Under Landlord and Tenant (consolidation) Ordinance
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Summary Judgment Possession Tenancy Agreement Forfeiture Misrepresentation +1 more

Case Brief

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Parties

SAR DEVELOPMENTS LIMITED

Plaintiff

WORLDEX STONE CLADDING ENGINEERING LIMITED

Defendant

Procedural Posture

Civil Possession (tenancy) Summary Judgment Application Under Order 14 / Summary Judgment Hearing (order 14); Summons Dismissed; Matter Directed to Trial

Legal Issues

  1. 1 Dispute as to precise location and area of the demised premises
  2. 2 Claim for unpaid rent and rates and entitlement to forfeit tenancy
  3. 3 Alleged breaches by landlord including trespass, denying access and failure to deliver promised additional areas

Ratio Decidendi

Summary judgment was refused because there are serious and unresolved factual disputes, principally conflicting and inconsistent plans and evidence as to the precise location and area of the premises to be delivered up, together with other contested factual matters affecting credibility; those disputes require trial and cross‑examination and therefore the summons for final judgment for possession must be dismissed.

Court Disposition

Plaintiff's summons for summary judgment dismissed; matter to proceed to trial; costs awarded to defendant

Orders

  • Plaintiff's Summons under Order 14 is dismissed with costs
  • Matter to proceed to trial for determination of factual disputes including precise location and area of the demised premises