TAM SOO-CHANG v. YU MUI

TAM SOO-CHANG v. YU MUI

The court adopted a purposive approach to the amended Sections 52 and 53 of the Landlord & Tenant (Consolidation) Ordinance, Cap.7, concluded that a Notice to Quit was not required at the relevant time to institute possession proceedings, and ordered joinder of the discovered sub-tenants with amendment of pleadings.

Citation
TAM SOO-CHANG v. YU MUI
Parties
Plaintiff: TAM Soo-chang; 1st Defendant: YU Mui; 2nd Defendant: Mrs. Woo; 3rd Defendant: YIP Yuk; 4th Defendant: Ngan Yuen (a firm)
Court
District Court
Jurisdiction
Hong Kong
Case Number
DCCJ8711/1981
Procedural Posture
Landlord and Tenant Possession / Preliminary Ruling; Joinder and Amendment of Pleadings
Outcome
Preliminary ruling for plaintiff: Notice to Quit not required at the relevant time; joinder granted; pleadings to be amended
Legal Topics
Notice to Quit, Joinder of Parties, Purposive Vs Literal Interpretation, Landlord & Tenant (consolidation) Ordinance S.52 and S.53, Interpretation and General Clause Ordinance S.19
Source Language
EN
Landlord and Tenant Property Law Statutory Interpretation Civil Procedure Notice to Quit Joinder of Parties Purposive Vs Literal Interpretation Landlord & Tenant (consolidation) Ordinance S.52 and S.53 +1 more

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Parties

TAM Soo-chang

Plaintiff

YU Mui

1st Defendant

Mrs. Woo

2nd Defendant

YIP Yuk

3rd Defendant

Ngan Yuen (a firm)

4th Defendant

Procedural Posture

Landlord and Tenant Possession / Preliminary Ruling; Joinder and Amendment of Pleadings

Legal Issues

  1. 1 Whether a Notice to Quit is required before commencing possession proceedings under the amended Sections 52 and 53 of the Landlord & Tenant (Consolidation) Ordinance
  2. 2 Whether the courts should adopt a purposive or literal approach to statutory interpretation of the amendments
  3. 3 Whether the discovered sub-tenants should be joined as defendants

Ratio Decidendi

The court adopted a purposive approach to the amended Sections 52 and 53 of the Landlord & Tenant (Consolidation) Ordinance, Cap.7, concluded that a Notice to Quit was not required at the relevant time to institute possession proceedings, and ordered joinder of the discovered sub-tenants with amendment of pleadings.

Court Disposition

Preliminary ruling for plaintiff: Notice to Quit not required at the relevant time; joinder granted; pleadings to be amended

Orders

  • 2nd defendant Mrs. Woo, 3rd defendant Mr. Yip Yuk and 4th defendant Ngan Yuen (a firm) are added as defendants
  • Pleadings to be amended by addition of the parties and to be filed and reserved upon the 1st defendant and filed and served upon the 2nd, 3rd and 4th defendants within 14 days