WU CHIEH YUN v. HIDEICHI NAKAMURA

WU CHIEH YUN v. HIDEICHI NAKAMURA

The defendant's grounds were repetitions of points already rejected at the summary judgment hearing and lacked real prospects of success; the recorded hearing and the context of emails demonstrated the interpretation/translation did not undermine the earlier findings; the deposit payments had been applied to secure occupation and could not be used to set off rent or mense profit; accordingly leave to appeal was refused and costs were awarded and summarily assessed as appropriate.

Citation
WU CHIEH YUN v. HIDEICHI NAKAMURA
Parties
Plaintiff: WU CHIEH YUN; Defendant: HIDEICHI NAKAMURA
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 July 2013
Case Number
DCCJ4379/2012
Procedural Posture
Landlord and Tenant Possession and Rent / Application for Leave to Appeal and Variation of Costs Order Following Summary Judgment
Outcome
Application for leave to appeal dismissed; costs awarded to Plaintiff; costs of the leave application assessed at HK$40,000; costs of the original hearing summarily assessed at HK$80,000; no order as to costs of the variation application
Legal Topics
Summary Judgment, Vacant Possession, Rent Arrears, Mense Profit, Leave to Appeal, Set Off, Costs Assessment, Equitable Set Off, Interpretation of Evidence/translation
Source Language
EN
Landlord and Tenant Civil Procedure Costs Appeal Summary Judgment Vacant Possession Rent Arrears Mense Profit +5 more

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Parties

WU CHIEH YUN

Plaintiff

HIDEICHI NAKAMURA

Defendant

Procedural Posture

Landlord and Tenant Possession and Rent / Application for Leave to Appeal and Variation of Costs Order Following Summary Judgment

Legal Issues

  1. 1 Whether there was a concluded two-year tenancy and identity of contracting party
  2. 2 Whether Defendant had real prospect of success on appeal
  3. 3 Whether rent/mense profit arrears could be set off against a HK$140,000 deposit or counterclaim damages

Ratio Decidendi

The defendant's grounds were repetitions of points already rejected at the summary judgment hearing and lacked real prospects of success; the recorded hearing and the context of emails demonstrated the interpretation/translation did not undermine the earlier findings; the deposit payments had been applied to secure occupation and could not be used to set off rent or mense profit; accordingly leave to appeal was refused and costs were awarded and summarily assessed as appropriate.

Court Disposition

Application for leave to appeal dismissed; costs awarded to Plaintiff; costs of the leave application assessed at HK$40,000; costs of the original hearing summarily assessed at HK$80,000; no order as to costs of the variation application

Orders

  • Leave to appeal dismissed
  • Defendant to pay Plaintiff's costs of this application assessed at HK$40,000