WINDERMERE HOLDINGS LTD 對 中國文化藝術香港有限公司

WINDERMERE HOLDINGS LTD 對 中國文化藝術香港有限公司

Leave to appeal was refused because the proposed appeal had no reasonable prospect of success and no other reason favouring a hearing was shown; the respondent's alleged oral renewal was not enforceable against the bona fide purchaser because it was not in writing or registered; the respondent's failure to adduce...

Source-derived case information.

Citation
[2025] HKLdT 72
Parties
Applicant: WINDERMERE HOLDINGS LIMITED; Respondent: CHINA CULTURE & ARTS (HONG KONG) LIMITED (中國文化藝術香港有限公司)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
24 November 2025
Case Number
LDPE1281/2025
Procedural Posture
Landlord and Tenant Possession (recovery of Premises) / Application for Permission to Appeal and Stay of Execution (leave to Appeal Application)
Outcome
Application for permission to appeal refused; application for stay of execution refused; prior possession/order of 3 November 2025 upheld.
Legal Topics
Possession, Lease Enforcement, Oral Agreement Vs Written Requirement, Fresh Evidence on Appeal (ladd V Marshall), Registration Requirements, Stay of Execution, Costs Assessment
Source Language
ch
Property Law Landlord and Tenant Civil Procedure Appeals Costs Possession Lease Enforcement Oral Agreement Vs Written Requirement Fresh Evidence on Appeal (ladd V Marshall) +3 more

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Parties

WINDERMERE HOLDINGS LIMITED

Applicant

CHINA CULTURE & ARTS (HONG KONG) LIMITED (中國文化藝術香港有限公司)

Respondent

Procedural Posture

Landlord and Tenant Possession (recovery of Premises) / Application for Permission to Appeal and Stay of Execution (leave to Appeal Application)

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the respondent can rely on alleged oral promise for renewal against a bona fide purchaser
  3. 3 Whether fresh WeChat evidence should be admitted on the leave application

Ratio Decidendi

Leave to appeal was refused because the proposed appeal had no reasonable prospect of success and no other reason favouring a hearing was shown; the respondent's alleged oral renewal was not enforceable against the bona fide purchaser because it was not in writing or registered; the respondent's failure to adduce the WeChat evidence at the original hearing did not satisfy the Ladd v Marshall test; the respondent is bound by the signed lease; no stay was granted; costs of the leave application were awarded to the applicant assessed at HK$10,000.

Court Disposition

Application for permission to appeal refused; application for stay of execution refused; prior possession/order of 3 November 2025 upheld.

Orders

  • Respondent to deliver up vacant possession of the premises at G/F, 104 Queen's Road East (including mezzanine) to the applicant
  • Respondent to pay arrears of rent from 9 July 2025 to 9 August 2025 in the sum of HK$4,357.26