Pun CHUNG YUE v. YUM WAI TONG
The appeal was allowed because the Tribunal's order amounted to eviction of a subtenant who was not a party without evicting the principal tenant, contrary to Article 5(4) of the Proclamation and therefore beyond the Tribunal's power; the Tribunal's order was set aside.
- Citation
- Pun CHUNG YUE v. YUM WAI TONG
- Parties
- Appellant (applicant): Pun Chung Yue; Respondent (opponent): Yum Wai Tong
- Court
- District Court
- Jurisdiction
- Hong Kong
- Judgment Date
- 6 January 1947
- Case Number
- DCMP53/1946
- Procedural Posture
- Tenancy Appeal / Judgment (appeal Allowed)
- Outcome
- Appeal allowed; Tenancy Tribunal order set aside
- Legal Topics
- Subtenant Eviction, Tribunal Jurisdiction, Division of Premises, Interpretation of Proclamation Articles
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Pun Chung Yue
Appellant (applicant)
Yum Wai Tong
Respondent (opponent)
Procedural Posture
Tenancy Appeal / Judgment (appeal Allowed)
Legal Issues
- 1 Whether a Tribunal may evict a subtenant who was not a party to proceedings without evicting the principal tenant
- 2 Whether the Tribunal has power under the Proclamation to order division of premises and possession of a portion thereof
Ratio Decidendi
The appeal was allowed because the Tribunal's order amounted to eviction of a subtenant who was not a party without evicting the principal tenant, contrary to Article 5(4) of the Proclamation and therefore beyond the Tribunal's power; the Tribunal's order was set aside.
Court Disposition
Appeal allowed; Tenancy Tribunal order set aside
Orders
- Appeal allowed; order of the Tenancy Tribunal set aside.
Full Case Text
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