黃西利及另一人 對 黃錦祺

黃西利及另一人 對 黃錦祺

The Tribunal held that the applicants, as managers, had authority to commence proceedings to recover possession of the premises after the lease expired; the respondent's opposition and supplementary documents disclosed no reasonable defence and were an abuse of process and therefore were struck out; there was no...

Source-derived case information.

Citation
[2022] HKLdT 41
Parties
Applicant: WONG SAI LEE (黃西利) and WONG KWOK ON EDWARD (黃國安), as manager of WONG KWOK HING TSO (黃國興祖); Respondent: WONG KAM KI (黃錦祺)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
29 August 2022
Case Number
LDPE165/2022
Procedural Posture
Recovery of Land and Mesne Profits; Striking Out and Leave to Appeal Application / Application for Leave to Appeal and Interim Relief Following Judgment/order
Outcome
Applicant's strike-out and summary judgment application granted; respondent's application for leave to appeal refused; respondent's opposition struck out and orders for possession, mesne profits, interest and costs made.
Legal Topics
Recovery of Land, Mesne Profits, Leave to Appeal, Striking Out/summary Judgment, Managers' Authority, Locus Standi
Source Language
ch
Land Law Procedural Law New Territories Law Civil Procedure Recovery of Land Mesne Profits Leave to Appeal Striking Out/summary Judgment +2 more

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Parties

WONG SAI LEE (黃西利) and WONG KWOK ON EDWARD (黃國安), as manager of WONG KWOK HING TSO (黃國興祖)

Applicant

WONG KAM KI (黃錦祺)

Respondent

Procedural Posture

Recovery of Land and Mesne Profits; Striking Out and Leave to Appeal Application / Application for Leave to Appeal and Interim Relief Following Judgment/order

Legal Issues

  1. 1 Whether the applicants as managers had authority to commence proceedings under the relevant precedents and New Territories practice
  2. 2 Whether the respondent's opposition disclosed any reasonable cause or was an abuse of process and therefore liable to be struck out
  3. 3 Whether there was a reasonable prospect of success to grant leave to appeal under the Lands Tribunal Ordinance provisions

Ratio Decidendi

The Tribunal held that the applicants, as managers, had authority to commence proceedings to recover possession of the premises after the lease expired; the respondent's opposition and supplementary documents disclosed no reasonable defence and were an abuse of process and therefore were struck out; there was no real prospect of success on appeal and leave to appeal was refused; possession, mesne profits at HK$15,000 per month from 1 February 2021 until return of possession, interest at 8 (percent) from 28 June 2022 until payment, and immediate costs were ordered.

Court Disposition

Applicant's strike-out and summary judgment application granted; respondent's application for leave to appeal refused; respondent's opposition struck out and orders for possession, mesne profits, interest and costs made.

Orders

  • Respondent must return vacant possession of the premises to the applicants.
  • Respondent must pay mesne profits at HK$15,000 per month from 1 February 2021 until the date possession is returned.