Sum Wai Kun t/a Shum Kan Kee v. Yau Wing Sim Kee

Read the full judgment text of HCA 1209/1973 on BabelCite. This High Court CFI judgment.

1. The defendant had been a tenant for 5 years approximatoly of the plaintiff when on her own admission she cased to pay rent. She has conceded a tenancy. I have heard her and read her affidavits. I have heard a lot more from the appellant than is in her affidavits. Nothing she has said and nothing in her affidavits suggests that the learned Registrar exercised his discretion improperly. On the contrary I am satisfied that the learned Registrar exercised it very correctly having decided that the

Case No.HCA 1209/1973
Court
High Court CFI
Date
Judge
Case Document
100%Judiciary

HCA001209/1973

IN THE SUPREME COURT OF HONG KONG

(ORIGINAL JURISDICTION)

ACTION NO. 1209 OF 1973

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BETWEEN    
  SUM WAI KUN trading as SHUM KAN KEE Plaintiff
  and  
  YAU WING SIM KEE (a firm) Defendant

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Coram: Trainor J. in Chambers

Date of Judgment: 29th August, 1973.

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JUDGMENT

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1. The defendant had been a tenant for 5 years approximatoly of the plaintiff when on her own admission she cased to pay rent. She has conceded a tenancy. I have heard her and read her affidavits. I have heard a lot more from the appellant than is in her affidavits. Nothing she has said and nothing in her affidavits suggests that the learned Registrar exercised his discretion improperly. On the contrary I am satisfied that the learned Registrar exercised it very correctly having decided that the defence was of the flimsiest nature.

2. The defendant has retained rent since last November so it should be no hardship to comply with the requirements imposed by the Registrar.

3. The appeal is dismissed with costs.

  (J.P. Trainor)
  Puisne Judge

Representation:

Mr. Lee (Ford Kwan & Co.) for Plaintiff.

Appellant in person.