黃潔貞 對 和穎

黃潔貞 對 和穎

The Court concluded the defendants’ grounds were disordered, unsupported by evidence and legally insufficient; the tenancies became periodic monthly after expiry of the fixed terms; acceptance of rent did not demonstrate a common intention to renew the tenancies; therefore the applicants had no reasonable prospect...

Source-derived case information.

Citation
[2021] HKCA 74
Parties
Plaintiff: wong kit ching (黃潔貞); Defendant: 和穎; Defendant: 周富平
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 January 2021
Case Number
CAMP129/2020
Procedural Posture
Leave to Appeal Applications to the Court of Appeal (civil) / Applications for Leave to Appeal Against District Court Judgment and Interlocutory Orders; Costs Assessment
Outcome
All applications for leave to appeal dismissed.
Legal Topics
Mesne Profits, Periodic Tenancy, Notice to Quit, Leave to Appeal, Procedural Validity of Summons
Source Language
ch
Landlord and Tenant Civil Procedure Appeal Costs Mesne Profits Periodic Tenancy Notice to Quit Leave to Appeal +1 more

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Parties

wong kit ching (黃潔貞)

Plaintiff

和穎

Defendant

周富平

Defendant

Procedural Posture

Leave to Appeal Applications to the Court of Appeal (civil) / Applications for Leave to Appeal Against District Court Judgment and Interlocutory Orders; Costs Assessment

  1. 1 Whether leave to appeal should be granted (reasonable prospect of success or other reason to permit appeal)
  2. 2 Whether the tenancies had become periodic monthly after expiry of fixed terms
  3. 3 Whether plaintiffs were entitled to possession and mesne profits despite receipt of rent after notice to quit

Ratio Decidendi

The Court concluded the defendants’ grounds were disordered, unsupported by evidence and legally insufficient; the tenancies became periodic monthly after expiry of the fixed terms; acceptance of rent did not demonstrate a common intention to renew the tenancies; therefore the applicants had no reasonable prospect of success and leave to appeal was refused; costs were awarded to the plaintiff.

Court Disposition

All applications for leave to appeal dismissed.

Orders

  • Applications by both defendants for leave to appeal dismissed
  • 周富平 to pay plaintiff’s costs of the 2 applications (2020-09-02 and 2020-11-20) assessed at HK$40,000