TSE YIU KUEN AND ANOTHER v. LAM YU PING

TSE YIU KUEN AND ANOTHER v. LAM YU PING

Leave to add Mr. Lee as a co-respondent was properly made conditional on payment of arrears of $46,800 into the Lands Tribunal by a fixed deadline; he failed to make that payment and filed no notice of opposition, therefore he had no locus standi and could not be joined. The application to vacate the hearing was refused. Judgment was entered for the applicants for vacant possession and recovery of arrears with costs, subject to the usual relief under s.21F High Court Ordinance.

Citation
TSE YIU KUEN AND ANOTHER v. LAM YU PING
Parties
1st Applicant (landlord): TSE Yiu Kuen; 2nd Applicant (landlord): CHIU Yin Fan; Respondent (tenant): LAM Yu Ping
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 June 1999
Case Number
LDPD295/1999
Procedural Posture
Landlord and Tenant — Application for Vacant Possession and Recovery of Rent Arrears / Hearing and Decision in the Lands Tribunal (reasons for Decision)
Outcome
Judgment for applicants: vacant possession granted and arrears awarded; costs awarded; relief subject to s.21F High Court Ordinance
Legal Topics
Vacant Possession, Rent Arrears, Joinder, Leave to File Out of Time, Locus Standi, Costs, S.21 F High Court Ordinance Relief
Source Language
EN
Property Law Civil Procedure Landlord and Tenant Law Vacant Possession Rent Arrears Joinder Leave to File Out of Time Locus Standi +2 more

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Parties

TSE Yiu Kuen

1st Applicant (landlord)

CHIU Yin Fan

2nd Applicant (landlord)

LAM Yu Ping

Respondent (tenant)

Procedural Posture

Landlord and Tenant — Application for Vacant Possession and Recovery of Rent Arrears / Hearing and Decision in the Lands Tribunal (reasons for Decision)

Legal Issues

  1. 1 Whether vacant possession should be granted for non-payment of rent
  2. 2 Whether leave to file and serve notice of opposition out of time should be granted
  3. 3 Whether an intended respondent could be joined subject to payment of arrears into the Tribunal

Ratio Decidendi

Leave to add Mr. Lee as a co-respondent was properly made conditional on payment of arrears of $46,800 into the Lands Tribunal by a fixed deadline; he failed to make that payment and filed no notice of opposition, therefore he had no locus standi and could not be joined. The application to vacate the hearing was refused. Judgment was entered for the applicants for vacant possession and recovery of arrears with costs, subject to the usual relief under s.21F High Court Ordinance.

Court Disposition

Judgment for applicants: vacant possession granted and arrears awarded; costs awarded; relief subject to s.21F High Court Ordinance

Orders

  • Judgment entered against the Respondent for vacant possession of Flat A, 20th Floor, Sentact Building, No.347 King's Road, Hong Kong
  • Award of rent arrears in the sum of $46,800 to Applicants