12 Jul 2006
YEUNG KWAI YAN v. COOPER JOHN GILES
- Citation
- YEUNG KWAI YAN v. COOPER JOHN GILES
- Court
- Court of Appeal
- Case number
- CACV150/2005
The appeal was dismissed because clause 20 of the Tenancy Agreement was a valid forfeiture clause entitling the plaintiff to terminate for non-payment of rent, the arrears and ancillary charges were established, rates paid by the plaintiff were recoverable from the occupier under s21 Rating Ordinance, the stamp duty issue was addressed by the plaintiff's undertaking, and the defendant's new statutory point under s119L(2) and other late defenses were unpleaded, raised too late and thus not permitted to defeat summary judgment for possession and payment.