Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Subtenancy

  • 6 Mar 2007

    LAU TIM FAT AND OTHERS v. LI BANG YUEN AND OTHERS

    Citation
    LAU TIM FAT AND OTHERS v. LI BANG YUEN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV422/2006

    The applicant's appeal to be joined as a 4th defendant was dismissed because he failed to demonstrate any subsisting legal or equitable interest in the Lots: no tenancy or subtenancy agreement was produced for the relevant period, evidence was hearsay or contradictory, and the tenancy prohibited subletting and had expired; accordingly the stay granted pending appeal must be removed following dismissal of the appeal, although the default declaratory judgment may still be vulnerable to challenge by a legitimately interested party.

  • 20 Jul 1981

    LEE LUNG ON v. CHAN WAI CHOY t/a BUN WAH STORE AND OTHERS

    Citation
    LEE LUNG ON v. CHAN WAI CHOY t/a BUN WAH STORE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA5319/1980

    Subtenants can only acquire protection against the head landlord under Part II by proving both that the primary user of the whole premises was domestic and that the landlord agreed to or acquiesced in that domestic use under s51(2); no evidence of landlord agreement or acquiescence existed, so Part II protection did not apply and the plaintiff was entitled to possession and mesne profits.

  • 28 Nov 1947

    NG WAN, PROPRIETOR OF SANG KEE v. SO YIM

    Citation
    NG WAN, PROPRIETOR OF SANG KEE v. SO YIM
    Court
    District Court
    Case number
    DCMP24/1947

    The appeal is dismissed on the substantive issues because the Tribunal's factual findings that the parties became co‑tenants are supported by the record and will not be disturbed on appeal; however the Tribunal had no jurisdiction to make the rent allocation order for the portion occupied by the respondent, and that specific order is declared of no effect; costs awarded accordingly.

  • 13 Nov 1947

    WONG PIT HING v. SHUM TONG

    Citation
    WONG PIT HING v. SHUM TONG
    Court
    Court of Appeal
    Case number
    CACV14/1947

    The court held that 'subtenant' in the prior order must be construed as meaning those who were subtenants on 31 October; the earlier judgment was final except as to the portion to be given up to the appellant; persons who were not subtenants on 31 October do not become direct tenants of the applicant; and the principal tenant breached section 20 by parting with possession without the landlord's consent, so the Tribunal's judgment is restored.

  • 31 Dec 1946

    LIEW PAI WIN v. FOO SHING TRADING CO

    Citation
    LIEW PAI WIN v. FOO SHING TRADING CO
    Court
    District Court
    Case number
    DCMP36/1946

    Tribunal factual findings were upheld because it was better placed to resolve conflicting evidence; Rule 33 and the correspondence justified reliance on secondary evidence; Proclamation No.15 Article 5(1)(a) gives tribunals jurisdiction to decide which claimant is the bona fide tenant and order eviction, but Article 5(4) requires preserving existing subtenancies unless the Tribunal directs otherwise; accordingly the appeal on merits and jurisdiction fails, but the eviction order must be varied to protect subtenancies and costs awarded to respondent.