16 Dec 2025
Defendant failed to identify any specific legal or factual issue of sufficient credibility that would require a trial; the undisputed facts (ownership, valid tenancy, expiry, service of termination notice, failure to deliver vacant possession) establish plaintiff's entitlement to possession; therefore summary judgment for the plaintiff was appropriate.
21 May 2025
Two members of the Appeals Committee accepted the applicant's factual account that her absence was due to long‑term animal rescue work and that any stays outside the flat were temporary, yet proceeded to conclude she was not habitually resident without adequately considering that very accepted basis; that failure rendered their conclusion irrational and reviewable. The court quashed the Appeals Committee decision and remitted the matter to be reconsidered by a fresh three‑member panel.
12 Jun 2024
The court held that the plaintiff was entitled to damages for the tenant's repudiatory breach for the remainder of the lease term including rent, service charges and rates, reinstatement costs, locksmith and net distraint costs; pre-judgment interest was awarded only on the pleaded heads (rent, service charges and rates) from the date of writ at 1% above HSBC best lending rate to judgment and thereafter at judgment rate; post-judgment interest ordered on the remaining heads; costs of the action were assessed and allowed on an indemnity basis in the sum awarded.
23 Apr 2024
Defendants failed to demonstrate any real and bona fide defence or triable issue and did not show arguable grounds of appeal with reasonable prospects of success; the lease and notices entitled the plaintiff to possession and summary judgment was properly entered, therefore the appeal was dismissed and the stay of execution refused.
4 Jun 2021
Plaintiff was permitted to withdraw the injunction summons and was awarded costs for the injunction summons because the defendant's undertaking effectively granted the substantive relief sought, making the plaintiff the effective winner for costs purposes; affidavits/affirmations to stand as witness statements and their costs to be in the cause.
7 Jul 2005
The court accepted the plaintiff's uncontradicted evidence and schedule of loss as correct, applied the contractual terms to calculate arrears and contractual interest, deducted the deposits, and awarded the net assessed damages with contractual interest from the calculation date and judgment interest thereafter, together with costs.
3 Dec 1999
Where the plaintiff re‑let the premises to a related party the court must accept an independent registered valuer's assessment for mitigation; the registered valuer's market rental of $342,000 as at 5 August 1998 is to be used to calculate mitigation and consequential damages. Consequently damages were awarded in the sums and on the interest bases set out, with specified deductions and costs to the plaintiffs.
13 Nov 1973
Claims against the 1st and 2nd defendants dismissed for lack of evidence of collusion or actionable breach and because the plaintiff had no direct tenancy rights; conspiracy claim could not succeed against the 3rd defendant where he would be acting for the partnership; substantial damages unwarranted and therefore judgment for damages entered for the 3rd defendant only, with an order for an account of the partnership from its start to 13 August 1973.