Chung Kwok Hotel Company Ltd v Field

JurisdictionEngland & Wales
Judgment Date15 July 1960
Judgment citation (vLex)[1960] EWCA Civ J0715-1
CourtCourt of Appeal
Date15 July 1960

[1960] EWCA Civ J0715-1

In The Supreme Court of Judicature

Court of Appeal


Lord Justice Hodson

Lord Justice Orherod and

Lord Justice Harman

Chung Kwok Hotel Company Limited
Louis Kenneth Field

Mr. P.A.W. MERRITON (instructed by Messrs. Beach & Beach, London, N.W.6) appeared on behalf of the Appellant (Defendant).

MR. ROBIN DUNN (instructed by Messrs. Cliftons) appeared on behalf of the Respondents (Plaintiffs).


I will ask Lord Justice Harman to deliver the first judgment.


In the year 1950 a Mrs. Silvester was the freeholder of No. 24 Inverness Terrace, Lancaster Gate. The appellant on this issue, Louis Kenneth Field, was in occupation of the first floor of that house. He had been a tenant for a good many years originally under a written agreement for a year and had held over and become a statutory tenant. In the year 1957 Mrs. Silvester brought an action for possession against him on grounds connected with the terms of his written tenancy, which of course applied to a statutory tenancy so far as might be. She did not get on very well with that action, but it became clear to the parties that, whether that succeeded or no, there would come a time in fact it arrived in 1950 when, under the Rent Restrictions Act, 1957, the statutory protection would cease to apply to Mr. Field and he would have to quit on six months' notice. He was served with such a notice in fact, and put in as part of his defence in the action that, having been served with such a notice, he was a statutory tenant until the notice expired. In February, 1959, an order was made by consent under which Field consented to give possession to Mrs. Silvester on the 1st September, 1959, and she agreed to pay all his costs of the action, and of a counterclaim, on Scale 4. Her object in bringing the action was to get possession of the property with a view to selling it to good advantage, as indeed she easily could, and did; and between February and July, 1959, the property changed hands three times, ending with the respondents, Chung Kwok Hotel Company Limited.


In the contract under which Mrs. Silvester agreed to part with her interest, to two gentlemen whose names do not matter, it was provided as one of the conditions of sale, Special Condition No. 5, that the property was sold subject to and with the benefit of Field's tenancy and subject to and with the benefit of the consent order which I have mentioned. Those purchasers never completed, but sold the benefit of their contract to a Mr. Chan, who in fact apparently bought with the intention of making the property over to a company, then unformed, which I take to be the respondent company. After taking an assignment of the contract, he declared himself a trustee for the company and entered that document on the register: thereafter (in July, I think) he made a registered transfer in favour of the company.


Mr. Chan, being the inheritor of the benefit of the contract with Mrs. Silvester, may, I think, and probably does have a right against her to call upon her to do what was necessary to enforce her judgment; but very unfortunately he omitted to transfer that right to the plaintiff company, merely executing in their favour a common form registered transfer. Consequently, so far as I can see, the company has not the benefit of the covenant with Mrs. Silvester that it was so desirable they should have. It may possibly be that they can call upon Mr. Chan to exercise his rights against her, but they have not ever purported to do so.


In August, 1959, the time was drawing near when the defendant had agreed to vacate the property. He was not the sort of person who would propose to keep his word if he could get out of it, and he made an application of a very strange sort to the County Court to vacate the judgment on the ground that Mrs. Silvester no longer had any interest in the property. The County Court Judge had no hesitation in saying that that was nonsense; and Counsel for the appellant very candidly appears here and he agrees that it was nonsense; but it had this result, that the attention of the judge was drawn by Counsel to...

To continue reading

Request your trial
6 cases
  • Everyday Finance DAC v Jerry Beades
    • Ireland
    • Court of Appeal (Ireland)
    • 18 February 2021
    ...application under O. 42, r. 24(a), it was submitted that part of an order cannot be assigned. Reliance was placed on p. 1115 of Chung Kwok Hotel Co. Ltd. v. Field [1960] 1 W.L.R. 1112 wherein Harman L.J. opined:- “Whether you can assign part of an order without the rest seems to me at leas......
  • Irish Life & Permanent Plc t/a Permanent TSB v Beades
    • Ireland
    • High Court
    • 24 May 2019
    ...seems to me at least very doubtful’ at p. 1115 of the judgment of the English Court of Appeal in Chung Kwok Hotel Co. Ltd v. Field [1960] 1 W.L.R. 1112, to submit that the order of McGovern J. is being assigned in part. One might generously describe this as ingenious but when considered it......
  • Allied Irish Banks Plc v Paddy McKeown
    • Ireland
    • High Court
    • 16 July 2021
    ...for costs remains to the benefit of AIB. For these reasons, I do not think that the reliance placed by the Defendants upon Chung Kwok Hotel Company Ltd v. Field [1960] 1 W.L.R. 1112 assists them, even if that authority established the proposition asserted by the (n) Everyday Does not Come ......
  • KBC Bank Plc v Beades
    • Ireland
    • Court of Appeal (Ireland)
    • 17 February 2021
    ...had not been assigned. Reliance had been placed on the decision of the English Court of Appeal in Chung Kwok Hotel Co. Ltd. v. Field [1960] 1 W.L.R. 1112. 18 The trial judge observed at para. 15: - “…There is no question of the order for possession being assigned to KBC Bank Ireland plc. I......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT