LAI KWONG CHING v. INTELLIGENT HOUSE LTD

LAI KWONG CHING v. INTELLIGENT HOUSE LTD

Because Intelligent House validly served a transitional termination notice in accordance with LTAO ss5(2) and 6(5) which terminated the head tenancy and thereby the subtenancies on 31 October 2007, the proposed subtenant applicants lacked locus to claim compensation under Cap 545 (which requires termination by order for sale); joinder was therefore refused.

Citation
LAI KWONG CHING v. INTELLIGENT HOUSE LTD
Parties
Proposed Applicant (subtenant): Madam Suraphat; Proposed Applicant (subtenant): Rai Pushparaj; Proposed Applicant (subtenant): Thapa Chandra Sing; Applicant (tenant): Lai Kwong Ching; Respondent (landlord): Intelligent House Ltd
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
23 January 2008
Case Number
LDCS11006/2006
Procedural Posture
Compulsory Sale Order and Compensation Under Lands (compulsory Sale for Redevelopment) Ordinance (cap 545) / Joinder Applications Hearing and Withdrawal Application (ldcs 11000/2006; LDCS 11006/2006)
Outcome
Joinder applications dismissed; leave granted to applicant to withdraw LDCS 11006/2006
Legal Topics
Transitional Termination Notice, Subtenancy Termination, Joinder, Compensation Entitlement Under Cap 545
Source Language
EN
Landlord and Tenant Law Property Law Civil Procedure Transitional Termination Notice Subtenancy Termination Joinder Compensation Entitlement Under Cap 545

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Madam Suraphat

Proposed Applicant (subtenant)

Rai Pushparaj

Proposed Applicant (subtenant)

Thapa Chandra Sing

Proposed Applicant (subtenant)

Lai Kwong Ching

Applicant (tenant)

Intelligent House Ltd

Respondent (landlord)

Procedural Posture

Compulsory Sale Order and Compensation Under Lands (compulsory Sale for Redevelopment) Ordinance (cap 545) / Joinder Applications Hearing and Withdrawal Application (ldcs 11000/2006; LDCS 11006/2006)

Legal Issues

  1. 1 Whether a valid transitional termination notice terminates subtenancies created out of the head tenancy
  2. 2 Whether subtenants retain locus to claim compensation under Cap 545 where the head tenancy was terminated by a transitional termination notice prior to any compulsory sale order
  3. 3 Whether applicants should be joined to an existing compensation claim when their tenancies were terminated by statutory notice

Ratio Decidendi

Because Intelligent House validly served a transitional termination notice in accordance with LTAO ss5(2) and 6(5) which terminated the head tenancy and thereby the subtenancies on 31 October 2007, the proposed subtenant applicants lacked locus to claim compensation under Cap 545 (which requires termination by order for sale); joinder was therefore refused.

Court Disposition

Joinder applications dismissed; leave granted to applicant to withdraw LDCS 11006/2006

Orders

  • The applications by Madam Suraphat, Rai Pushparaj and Thapa Chandra Sing to be joined as applicants in LDCS 11006/2006 are dismissed, with costs to Intelligent House Ltd to be taxed if not agreed.
  • Leave granted to Lai Kwong Ching to withdraw the application under LDCS 11006/2006, with no order as to costs as to the action and the leave application.