CHIU KWOK LIM AND OTHERS v. CHIU BUTT YORK AND ANOTHER

CHIU KWOK LIM AND OTHERS v. CHIU BUTT YORK AND ANOTHER

The court found on the evidence that the 24 December 1964 agreement continued in force, the 1st defendant held as lessee from 1 January 1965 under that agreement, the tenancy became yearly after 31 December 1970 and is terminable by not more than one year's notice; the alleged representation was not made and proprietary estoppel did not arise; accordingly plaintiffs entitled to declaratory relief and judgment for arrears and costs.

Citation
CHIU KWOK LIM AND OTHERS v. CHIU BUTT YORK AND ANOTHER
Parties
1st Plaintiff: CHIU KWOK LIM; 2nd Plaintiff: CHIU SZ KAN; 3rd Plaintiff: CHIU SZE HOI; 1st Defendant: CHIU BUTT YORK; 2nd Defendant: TIN SHUI ESTATES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1979
Case Number
HCA810/1979
Procedural Posture
Civil Property/landlord and Tenant (declaratory Relief) / Judgment at Trial (first Issue Determined)
Outcome
Judgment for plaintiffs: declaration of yearly tenancy terminable by not more than one year's notice; defendant's proprietary estoppel and equitable ownership claims dismissed; judgment for rent arrears and costs.
Legal Topics
Tenancy Determination, Notice to Quit, Proprietary Estoppel, Yearly Tenancy, Rent Arrears, Declaration of Title/possession, Breach of Covenant, Equitable Ownership Claim
Source Language
EN
Landlord and Tenant Property Law Equity Trusts Contract Tenancy Determination Notice to Quit Proprietary Estoppel +5 more

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Parties

CHIU KWOK LIM

1st Plaintiff

CHIU SZ KAN

2nd Plaintiff

CHIU SZE HOI

3rd Plaintiff

CHIU BUTT YORK

1st Defendant

TIN SHUI ESTATES LIMITED

2nd Defendant

Procedural Posture

Civil Property/landlord and Tenant (declaratory Relief) / Judgment at Trial (first Issue Determined)

Legal Issues

  1. 1 Whether the 24 December 1964 agreement continued and the nature and term of the defendant's tenancy
  2. 2 Whether a representation was made that estops the plaintiffs from evicting the 1st defendant (proprietary estoppel)
  3. 3 Whether the 1st defendant acquired an equitable beneficial interest preventing eviction

Ratio Decidendi

The court found on the evidence that the 24 December 1964 agreement continued in force, the 1st defendant held as lessee from 1 January 1965 under that agreement, the tenancy became yearly after 31 December 1970 and is terminable by not more than one year's notice; the alleged representation was not made and proprietary estoppel did not arise; accordingly plaintiffs entitled to declaratory relief and judgment for arrears and costs.

Court Disposition

Judgment for plaintiffs: declaration of yearly tenancy terminable by not more than one year's notice; defendant's proprietary estoppel and equitable ownership claims dismissed; judgment for rent arrears and costs.

Orders

  • Declaration that the 1st defendant entered into possession under the agreement dated 24 December 1964 and that he remained a tenant and his tenancy became a tenancy from year to year from 1 January 1971
  • Declaration that the tenancy is terminable by not more than one year's notice