ZHOU JIANMEI 對 CHEUNG MOON HOI JEFF 及另一人

ZHOU JIANMEI 對 CHEUNG MOON HOI JEFF 及另一人

The Tribunal refused leave to appeal because the respondents' grounds relied on factual disagreements or legal points already correctly decided: the Tribunal properly concluded it lacked jurisdiction to entertain the respondents' damages claim which did not seek possession under s8(d), and the proposed appeal had no...

Source-derived case information.

Citation
ZHOU JIANMEI 對 CHEUNG MOON HOI JEFF 及另一人
Parties
Applicant: ZHOU JIANMEI; Respondent: Cheung Moon Hoi Jeff; Respondent: Jessie Yung Certified Public Accountant
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
27 May 2013
Case Number
LDPD1549/2012
Procedural Posture
Land Possession and Rent Recovery / Application for Leave to Appeal (non Trial Application Under S11 A)
Outcome
Application for leave to appeal refused; non-trial (leave) application of 20 May 2013 dismissed.
Legal Topics
Possession, Rent Recovery, Jurisdiction to Hear Counterclaims, Leave to Appeal, Repair Obligations, Set Off/deduction From Rent
Source Language
ch
Landlord and Tenant Jurisdiction Civil Procedure Contract Possession Rent Recovery Jurisdiction to Hear Counterclaims Leave to Appeal +2 more

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Parties

ZHOU JIANMEI

Applicant

Cheung Moon Hoi Jeff

Respondent

Jessie Yung Certified Public Accountant

Respondent

Procedural Posture

Land Possession and Rent Recovery / Application for Leave to Appeal (non Trial Application Under S11 A)

  1. 1 Whether the Lands Tribunal has jurisdiction to entertain respondents' counterclaim for damages arising from alleged landlord breaches of repair obligations
  2. 2 Whether alleged breaches/repairs justify withholding rent or set-off against rent
  3. 3 Whether the respondents demonstrated reasonable prospects of success to justify leave to appeal under s11AA(6)

Ratio Decidendi

The Tribunal refused leave to appeal because the respondents' grounds relied on factual disagreements or legal points already correctly decided: the Tribunal properly concluded it lacked jurisdiction to entertain the respondents' damages claim which did not seek possession under s8(d), and the proposed appeal had no reasonable prospect of success under s11AA(6).

Court Disposition

Application for leave to appeal refused; non-trial (leave) application of 20 May 2013 dismissed.

Orders

  • No order as to costs