丁雪松 對 丁愿(原名周東勝)

丁雪松 對 丁愿(原名周東勝)

Respondent admitted not being registered owner and admitted paying rent; those facts established a periodic tenancy ended by applicant's notice; respondent produced no arguable legal ground of error on law for appeal and failed Ladd v Marshall by not showing reasonable diligence or material impact of late documents;...

Source-derived case information.

Citation
[2023] HKLdT 54
Parties
Applicant: TING, SUET CHUNG (丁雪松); Respondent: TING, YUEN STEVEN (丁愿) formerly CHOW, TUNG SHING (周東勝)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
7 August 2023
Case Number
LDPD659/2023
Procedural Posture
Landlord and Tenant Possession Application / Application for Leave to Appeal (post Judgment/non Standard Review)
Outcome
leave to appeal refused
Legal Topics
Possession, Periodic Tenancy, Leave to Appeal, Admission of Fresh Evidence, Costs
Source Language
ch
Landlord and Tenant Property Law Civil Procedure Appeals Possession Periodic Tenancy Leave to Appeal Admission of Fresh Evidence +1 more

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Parties

TING, SUET CHUNG (丁雪松)

Applicant

TING, YUEN STEVEN (丁愿) formerly CHOW, TUNG SHING (周東勝)

Respondent

Procedural Posture

Landlord and Tenant Possession Application / Application for Leave to Appeal (post Judgment/non Standard Review)

  1. 1 Whether respondent was a tenant or a co-owner/co-investor
  2. 2 Whether a periodic tenancy existed and validly terminated by notice
  3. 3 Whether late evidence should be admitted on an appeal (Ladd v Marshall test)

Ratio Decidendi

Respondent admitted not being registered owner and admitted paying rent; those facts established a periodic tenancy ended by applicant's notice; respondent produced no arguable legal ground of error on law for appeal and failed Ladd v Marshall by not showing reasonable diligence or material impact of late documents; consequently leave to appeal was refused and costs awarded.

Court Disposition

leave to appeal refused

Orders

  • Respondent to deliver up vacant possession of the premises to applicant
  • Respondent to pay arrears/interim profits to applicant from 1 May 2023 until delivery of vacant possession at HK$7,500 per month