黃潔貞 對 周富平

黃潔貞 對 周富平

The Court of Appeal held the appellants failed to show any reasonable prospect of success: the evidence supported a periodic monthly tenancy after the fixed term and the termination notices and subsequent conduct by the landlord did not create a legitimate defence; alleged procedural irregularities were immaterial;...

Source-derived case information.

Citation
[2021] HKCA 74
Parties
Plaintiff: Wong Kit Ching (黃潔貞); Defendant: Chow Fu Ping (周富平); Defendant: Ho Wing (和穎)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
22 January 2021
Case Number
CAMP149/2020
Procedural Posture
Applications for Leave to Appeal From District Court Possession and Mesne Profits Judgments / Leave to Appeal Applications Heard and Determined by Court of Appeal (permission Refused)
Outcome
All leave to appeal applications dismissed; original District Court judgments and interlocutory orders upheld; costs awarded against both defendants
Legal Topics
Possession, Mesne Profits, Periodic Tenancy, Leave to Appeal, Procedural Defects, Costs Assessment
Source Language
ch
Landlord and Tenant Civil Procedure Appeal Law Costs Possession Mesne Profits Periodic Tenancy Leave to Appeal +2 more

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Parties

Wong Kit Ching (黃潔貞)

Plaintiff

Chow Fu Ping (周富平)

Defendant

Ho Wing (和穎)

Defendant

Procedural Posture

Applications for Leave to Appeal From District Court Possession and Mesne Profits Judgments / Leave to Appeal Applications Heard and Determined by Court of Appeal (permission Refused)

  1. 1 Whether appellants demonstrated a reasonable prospect of success to justify leave to appeal under Cap.336 s63A
  2. 2 Whether termination notices and subsequent conduct gave rise to a new tenancy or maintained a periodic monthly tenancy
  3. 3 Whether alleged procedural irregularities (wrong dates on summons/files) invalidated proceedings or judgments

Ratio Decidendi

The Court of Appeal held the appellants failed to show any reasonable prospect of success: the evidence supported a periodic monthly tenancy after the fixed term and the termination notices and subsequent conduct by the landlord did not create a legitimate defence; alleged procedural irregularities were immaterial; therefore leave to appeal was refused and costs awarded.

Court Disposition

All leave to appeal applications dismissed; original District Court judgments and interlocutory orders upheld; costs awarded against both defendants

Orders

  • Applications for leave to appeal by Chow Fu Ping (CAMP 149/2020 and related summonses) dismissed
  • Application for leave to appeal by Ho Wing (CAMP 129/2020) dismissed