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Hong Kong decisions
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Interim payment was granted in part in a consolidated High Court dispute over House 10, with orders for mortgage shortfall, monthly payments, and rates.
The District Court assessed damages after a void tenancy was set aside, awarding market-rent-based compensation, utilities, consequential expenses, interest and costs.
The District Court ordered interim payment for admitted occupation rent, rejected the counterclaim objection, and declined to order rates because the occupied areas were disputed.
The court allowed an interim payment application in part, ordering the 2nd Defendant to pay monthly sums for use and occupation of the premises pending trial.
The court dismissed the defendant’s appeal and upheld interim payment orders for use and occupation of premises, finding sufficient control and possession under Order 29 rule 12(b).
The High Court dismissed a late application for leave to appeal against an interim payment order, finding the delay unexplained and the proposed appeal unmeritorious.
Appeal dismissed against an interim payment order for use and occupation. The court held that payment to the mortgagor after notice of possession was at the defendant’s risk.
The Court of Appeal allowed an interlocutory appeal and set aside an interim payment order for use and occupation of premises pending a sale dispute.
Appeal against a default judgment for possession and mesne profits was allowed because the writ had not in fact been received. The judgment was therefore irregular and set aside.
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