Hom Mee Yin and Another v. Mr Warren Cheung Vei Lun

DCCJ002788A/2003

DCCJ2788/2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 2788 OF 2003

Coram: H H Judge Carlson in Chambers

Date of Hearing: 17 November 2003

Date of Ruling: 18 November 2003

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R U L I N G

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1.These are the orders I make on the question of time for giving up possession. I am going to give 35 days. That would expire on 23 December.

2.The reason for saying that is that clearly, I am bound to have regard to the length of time during which the Defendant has not paid any rent, making use of the Plaintiffs' property, and I think that that is a reasonable period of time to give.

3.In relation to mesne profits, it is agreed that these will be at the rate of $15,879 a month, inclusive.

4.So far as the money judgment itself is concerned, the matter is affected by the indication from the Defendant that he is not going to be seeking relief from forfeiture. On the material before me it may be unrealistic, I just cannot tell; but I direct that the money judgment is to be settled within 12 months of today.

Representation:

Present: Mr P Kwan, of Messrs Deacons, for the 1st and 2nd Plaintiffs

Mr Warren Cheung Vei Lun, Defendant, in Person