TSE YIU KUEN AND ANOTHER v. LAM YU PING

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

Lands Tribunal Application No. LDPD 295 of 1999

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REASONS FOR DECISION

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1. This was an application against Respondent LAM Yu Ping also known as Josephine Y. P. LAM by the Applicants (Landlord) for vacant possession of the premises at Flat A, 20th Floor, Sentact Building, No. 347 King's Road, Hong Kong on grounds that the Respondent (Tenant) had failed to pay rent.

2. On 31st March 1999, Respondent's summons, for leave to file and serve notice of opposition out of time was heard and granted. Respondent was represented by Mr. LEE Sing Wai, Stephen, who admitted that rent was in arrears. He asked for time to pay the arrears in May. The Respondent's notice of opposition filed on 31st March 1999 contained bare denials, with no grounds of opposition.

3. On 7th May 1999, Mr. LEE Sing Wai Stephen's application to be joined as respondent was heard. Mr. LEE gave evidence that he was the true tenant, and that the Respondent only signed the tenancy agreement as his agent. His name appeared on the provisional tenancy agreement and under an alias 李承鉅, although he did not sign it.

4. Mr. LEE admitted that rent had been in arrears since 22nd November 1998, at $7,800 per month, at a total of $46,800. He also agreed that he was responsible for all liabilities under the tenancy agreement, including payment of all arrears of rent.

5. The Applicants asked for rent in arrears to be paid into Lands Tribunal pending trial, if Mr. LEE was allowed to be added as co-respondent.

6. The Applicants' application for vacant possession and arrears was also heard at the same time.

7. Leave was granted to LEE Sing Wai to be added as 2nd Respondent, on condition that he was to make payment into Lands Tribunal of the arrears of $46,800 on or before 4 p.m. on 10th May 1999. He was given leave to file his notice of opposition out of time, within 7 days, on the condition being fulfilled.

8. The Applicants' application was stayed.

9. There was liberty to apply.

10. Mr. LEE Sing Wai did not comply with the condition, and filed no notice of opposition.

11. The Applicants later applied for hearing of their application, fixed on 26th May 1999. On 24th May 1999 a fax was received purportedly from the intended Respondent asking for the hearing date on 26th May 1999 to be vacated. The signature on the fax differed from those appearing on the summons and his affirmation signed before the Assistant Registrar of Lands Tribunal.

12. As Mr. LEE had not fulfilled the condition for being added as the 2nd Respondent, he had no locus standi in the case. The original Respondent made no such application. The application for vacating and adjourning the hearing date was therefore refused.

13. Judgment was entered against Respondent for vacant possession and arrears with costs, subject to the usual relief under s.21F of High Court Ordinance.