ZENUNA LTD v. PROGRESS YEAR INTERNATIONAL LTD AND ANOTHER

ZENUNA LTD v. PROGRESS YEAR INTERNATIONAL LTD AND ANOTHER

The notice of termination was validly served by registered post to the 1st defendant's registered office and the tenancy therefore terminated; the tenancy agreement's entire agreement clause barred the alleged collateral oral agreement; the 1st defendant breached the non-assignment covenant by transferring possession to the 2nd defendants; the 2nd defendants were trespassers and could not obtain a stay; accordingly the appeal and the application for stay were dismissed and costs awarded to the plaintiff as ordered.

Citation
ZENUNA LTD v. PROGRESS YEAR INTERNATIONAL LTD AND ANOTHER
Parties
Plaintiff: Zenuna Limited; 1st Defendant: Progress Year International Limited; 2nd Defendant: Woo Man Biu; 2nd Defendant: Wong Kwok Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2003
Case Number
HCA2373/2002
Procedural Posture
Civil Landlord and Tenant (possession) / Judgment (appeal Against Master's Decision and Application for Stay of Execution)
Outcome
Appeal dismissed; application for stay of execution dismissed
Legal Topics
Tenancy Termination, Service of Notice, Entire Agreement Clause, Collateral Warranty, Breach of Covenant (non Assignment), Stay of Execution, Costs
Source Language
EN
Property Contract Civil Procedure Tenancy Termination Service of Notice Entire Agreement Clause Collateral Warranty Breach of Covenant (non Assignment) +2 more

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Parties

Zenuna Limited

Plaintiff

Progress Year International Limited

1st Defendant

Woo Man Biu

2nd Defendant

Wong Kwok Hung

2nd Defendant

Procedural Posture

Civil Landlord and Tenant (possession) / Judgment (appeal Against Master's Decision and Application for Stay of Execution)

Legal Issues

  1. 1 Whether the notice of termination was validly served
  2. 2 Whether alleged collateral oral agreement survived an entire agreement clause
  3. 3 Whether the 1st defendant breached the non-assignment covenant

Ratio Decidendi

The notice of termination was validly served by registered post to the 1st defendant's registered office and the tenancy therefore terminated; the tenancy agreement's entire agreement clause barred the alleged collateral oral agreement; the 1st defendant breached the non-assignment covenant by transferring possession to the 2nd defendants; the 2nd defendants were trespassers and could not obtain a stay; accordingly the appeal and the application for stay were dismissed and costs awarded to the plaintiff as ordered.

Court Disposition

Appeal dismissed; application for stay of execution dismissed

Orders

  • Appeal dismissed with costs to the plaintiff against the 1st defendant to be taxed on a solicitor and own client basis if not agreed pursuant to clause 6 section 8 of the tenancy agreement
  • Costs to the plaintiff against the 2nd defendants to be taxed on a party and party basis if not agreed