9 Aug 2004
JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS
- Citation
- JAPAN LEASING (HONG KONG) LTD v. SHUN KAI FINANCE CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2027/2003
The defence alleging consent, acquiescence, estoppel and res judicata was unsustainable because the earlier proceedings did not determine the validity of the alleged tenancy; the 2nd and 3rd defendants lacked privity and independent rights to the tenancy (which belonged to Shun Kai); the proposed amendments to plead estoppel and issue estoppel were refused; consequently the defence was an abuse and was struck out and judgment granted for the plaintiff for possession, trespass and damages to be assessed.