TAM KOK HUNG AND ANOTHER v. WONG WING

TAM KOK HUNG AND ANOTHER v. WONG WING

The application for leave to appeal was dismissed because the proposed grounds lacked a reasonable prospect of success: there was no evidential foundation for the alleged oral "New Rent Deal", the court correctly applied the established "not unlikely" foreseeability test to find the losses were not too remote, and the issue of forfeiture of the HK$25,000 deposit had already been adjudicated and set off against the plaintiffs' award.

Citation
TAM KOK HUNG AND ANOTHER v. WONG WING
Parties
Plaintiff: TAM KOK HUNG; Plaintiff: MAK WAI MAN; Defendant/third Party: WONG WING; Plaintiff: HO KIN PONG; Plaintiff: LO YIN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 October 2012
Case Number
DCCJ4211/2009
Procedural Posture
Civil Breach of Tenancy Agreement / Application for Leave to Appeal Under Section 63 A(2) District Court Ordinance; Decision on Summons
Outcome
Application for leave to appeal dismissed
Legal Topics
Tenancy Agreement, Breach of Contract, Remoteness of Damage, Leave to Appeal, Liquidated Damages, Set Off
Source Language
EN
Contract Property Civil Procedure Costs Tenancy Agreement Breach of Contract Remoteness of Damage Leave to Appeal +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

TAM KOK HUNG

Plaintiff

MAK WAI MAN

Plaintiff

WONG WING

Defendant/third Party

HO KIN PONG

Plaintiff

LO YIN

Plaintiff

Procedural Posture

Civil Breach of Tenancy Agreement / Application for Leave to Appeal Under Section 63 A(2) District Court Ordinance; Decision on Summons

Legal Issues

  1. 1 Whether there was an oral agreement (the "New Rent Deal") preventing exercise of the break clause
  2. 2 Whether the plaintiffs' loss was too remote and outside the defendant's reasonable contemplation
  3. 3 Whether the court correctly applied the "not unlikely result" foreseeability test for remoteness

Ratio Decidendi

The application for leave to appeal was dismissed because the proposed grounds lacked a reasonable prospect of success: there was no evidential foundation for the alleged oral "New Rent Deal", the court correctly applied the established "not unlikely" foreseeability test to find the losses were not too remote, and the issue of forfeiture of the HK$25,000 deposit had already been adjudicated and set off against the plaintiffs' award.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Summons dated 2 August 2012 dismissed
  • Costs of the application to be paid by the defendant to the plaintiffs