Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interim payment (order 29 r.12(b))

Legal area

Court

19 Jan 2005

GOLDEN SUNRISE LTD v. LEE KWOK HUNG AND ANOTHER

Citation

GOLDEN SUNRISE LTD v. LEE KWOK HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA4133/2003

The 1st defendant's account raised credibility issues and genuine triable factual disputes so leave to defend was correctly granted; by contrast the 2nd defendant failed to plead particulars or legal basis for an implied landlord duty to maintain common parts and could not establish that any breach excused payment of rent; the 2nd defendant's counterclaim and asserted set-off were inadequately particularised and shadowy, so summary judgment for possession against the 2nd defendant is appropriate subject to statutory relief against forfeiture conditioned on payment into court of arrears and fu…
8 Dec 2003

VIRTYRE LTD v. CENTURY GROUP LTD

Citation

VIRTYRE LTD v. CENTURY GROUP LTD
Court

Court of First Instance
Case number

HCA3235/2003

On the evidence before the court the defendant would, at trial, likely be held liable to pay for use and occupation: the defendant had agreed to pay basic rent of HK$106,000 per month for the ground and first floors from 1 September 2003 and had been doing so; the alleged variation and estoppel did not, on the evidence, discharge liability for the period up to 31 August 2003. Accordingly an interim payment is justified and the Registrar's dismissal is set aside, with specified interim sums ordered.