Sia Beng Sin and Another v. Chan May Lin

HCA002022/1997

1997, No.A2022

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

______________

______________

Coram: Hon Yam, J. in Chambers

Date of hearing: 5 December 1997

Date of ruling: 5 December 1997

____________

R U L I N G

____________

1. The hearing before me on 25 November 1997 was based on those facts as disclosed by the Defence and Counterclaim which in my view were not enough to resist the Plaintiffs' application for interim payment.

2. Thereafter, the Defendant put in more material amounting to say that there was a dereliction of grant of tenancy in that the suit premises were untenantable and thus no rent should be payable. She also substantiated her Counterclaim by more material. Should her Counterclaim succeed at the end of the day, it might exceed the Plaintiffs' claim.

3. Accordingly if my Order of 25 November 1997 is executed, it might render the appeal nugatory, since the Defendant told me that, as a legally aided person, she could not pay the amount outstanding.

4. Accordingly there shall be a stay of execution pending Defendant's appeal to the Court of Appeal on condition that Madam Chan should file her appeal within time.

5. Costs in the cause of appeal.

6. I also explained that this Court has no jurisdiction to reverse its earlier decision.

7. Letter to be sent to Legal Aid Department to reconsider Defendant's application for Legal Aid in the appeal.

8. Application by the Plaintiffs that Defendant should pay the money into Court as a condition of stay is refused.

Representation:

Mr Benny Wong of M/s Clayton Wong & Co., for the Plaintiffs

Defendant: Chan May-lin, in person