Wo Kee Administration Ltd v. Honco Management Ltd

HCSA 33/2024

[2024] HKCFI 1767

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

SMALL CLAIMS TRIBUNAL APPEAL NO 33 OF 2024

(ON APPEAL FROM SMALL CLAIMS TRIBUNAL CLAIM NO 23300 OF 2022)

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BETWEEN

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D E C I S I O N

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1.I am satisfied that the Tenant has a reasonable arguably case that the Tribunal erred in law in its interpretation of clause 2(w)  and/or 2(b)  of the Tenancy Agreement, by finding that the Tenant is in breach of its duty either to deliver up the premises upon expiration of the term in “good, clean and working condition”, or to keep the interior of the premises in “good, clean and working condition”, and is liable to pay damages.

2.There are reasonably arguable grounds that the Tribunal erred in law in the principles which were applied in the assessment of damages.

3.Being satisfied that the intended appeal has reasonable prospects of success, I grant leave to appeal. Since there will be an appeal, I would say no more as to the substance of the grounds relied upon. Costs are to be in the cause of the appeal.

Mr Paul Law, instructed by Charles Chu & Kenneth Sit,  for the claimant (appellant)