Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sub‑tenancy and subletting
  • 2 Aug 2017

    CHOI CHI WAI t/r OLIVA CHOCOLATE CO v. HSIU JUI HEIN

    Citation
    CHOI CHI WAI t/r OLIVA CHOCOLATE CO v. HSIU JUI HEIN
    Court
    District Court
    Case number
    DCCJ1175/2015

    The defendant's attempted relitigation is barred by res judicata because the Lands Tribunal has previously adjudicated and rejected the same factual and legal contentions (including estoppel from complaining about demolition works and absence of subletting evidence); the alleged oral agreement is not credible on the evidence and no new evidence was produced; accordingly the defence is not viable and the counterclaim is an abuse of process, warranting interlocutory judgment for the plaintiff with damages to be assessed and striking out of the Defence and Counterclaim.