XCHRX SIN HUA BANK LTD. v. TURNVIEW CO. LTD.

HCA 3348/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 3348 OF 1999

----------------------

----------------------

J U D G M E N T

----------------------

Godfrey, J.A. :

1. This is an application for summary judgment. The plaintiff is mortgagee in possession of the premises, an order for possession having been satisfied on 4 March 1999 when the defendant surrendered possession of the premises to the plaintiff.

2. The defendant's possession was referable to a tenancy agreement dated 30 April 1998, the tenancy having been granted by the mortgagor, without the consent of the plaintiff. After default by the mortgagor under the mortgage, the plaintiff, in July 1998, called on the defendant to give up possession. Thereafter, there were negotiations between the plaintiff and the defendant for the plaintiff to accept the defendant as tenant at a rent of $105,000 per month instead of the rent of $128,000 per month reserved by the tenancy agreement. However, it does not appear from the evidence that there was concluded any final agreement between the plaintiff and the defendant. The result is that the defendant has remained in occupation of the premises from 15 July 1998 to 4 March 1999 without paying any rent to the plaintiff for that occupation. In my judgment, on these facts, the plaintiff is entitled to judgment, from 1 August 1998 to 4 March 1999, for mesne profits at the rate of $105,000 per month, and I will give judgment for the plaintiff accordingly, with costs.