Tang Man Kit and Another v. Hip Hing Timber Co Ltd

Read the full judgment text of CACV 137/2002 on BabelCite. This Court of Appeal judgment was delivered on 13 December 2005.

1. We will refuse leave as we do not consider this case involves matters of great, general or public importance.  This is from beginning to end, a case of a landlord who is entitled to possession seeking to recover land from the tenant whose tenancy had been terminated by the service of a proper notice to quit.  The case is a simple one and is not detracted by the many issues raised by the defendant.

Cites 1 case

Case No.CACV 137/2002
Court
Court of Appeal
Date13 Dec 2005
Judge
Case Document
100%Judiciary

CACV 137/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 137 OF 2002

(ON APPEAL FROM HCA 8000 OF 1990)

BETWEEN

  TANG MAN KIT and FOO TAK CHING Plaintiffs
  (suing as Managers of WAH YAN MO
FAN HEUNG(華人模範鄉))
 
  and  
  HIP HING TIMBER COMPANY LIMITED Defendant
  (協興木業有限公司)  

Before : Hon Cheung JA, Yeung JA and Chung J in Court

Date of Hearing : 13 December 2005

Date of Judgment :  13 December 2005

______________________

J U D G M E N T

______________________

 

Hon Cheung JA (giving judgment of the court) :

1.We will refuse leave as we do not consider this case involves matters of great, general or public importance.  This is from beginning to end, a case of a landlord who is entitled to possession seeking to recover land from the tenant whose tenancy had been terminated by the service of a proper notice to quit.  The case is a simple one and is not detracted by the many issues raised by the defendant.

2.We will order the defendant to pay the costs of the application.

(Peter Cheung)
Justice of Appeal
(Wally Yeung)
Justice of Appeal
(Andrew Chung)
udge of the Court of First Instance

Mr. Ernest Koo, instructed by Messrs Christine M. Koo & Ip, for the plaintiffs

Mr. Jeremy Chan, instructed by Messrs Kao, Lee & Yip, for the defendant