Ngan Sheung Chun v. Ng Yiu Ling

Case No.DCCJ 1441/1971[1981] HKLR 249

Court

District Court

Date10 Jul 1971

Judge—

Case Document

100%

DCCJ001441/1971

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

ACTION NO. 1441 OF 1971.

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Between	Ngan Sheung Chun	Plaintiff
	and
	Ng Yiu Ling	Defendant

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Coram: D. Cons, District Judge

Date of Judgment: 10 July 1971

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JUDGMENT

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1. The following directions were obtained by the Deputy Registrar, Victoria District Court, from District Judge Cons, when the Plaintiff's solicitors, Messrs. Chan & Ho, applied for judgment to be entered in this action for possession, rent in arrears, mesne profits and costs in default of defence. The annual rental of the premises concerned was $7,800.00.

	"The District Court has jurisdiction over actions for possession based on forfeiture for non-payment of rent or breach of other covenant or condition in all cases except where the rateable value as declared on 5th March 1970 is $15000 or above: Section 4(1) & (2), 7(1)(b) and 16(6) Rent Increases (Domestic Premises) Control Ordinance 1970.
	It has similar jurisdiction over actions based on a notice to quit complying with Section 7(2)(a) or (b) where no counter notice has been served: Section 7(1)(c) and Tse Kam v. Lau Tam Sau-ting O.J.1309 of 1970.
	It is therefore desirable that the rateable value should be pleaded in the writ. If not, the rental claimed may provide some indication but you would be well advised to ask for evidence if you have any doubts.
	In the present case you may enter judgment if or as soon as you are satisfied on this point.

	sd. D. Cons
	District Judge
	10.7.71."

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