Chu Pak Hei v. Lau Tim Fat and Others

HCMP1117/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1117 OF 2004

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BETWEEN

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Before : Hon Yam J in Chambers

Date of Hearing : 30 August 2006

Date of Judgment : 30 August 2006

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JUDGMENT

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1.The applicant applied to be joined as a defendant.  He claimed to be the subtenant of the principal tenant, the 3^rd defendant herein.  However, on 22 March 2006, Deputy Judge Muttrie had already entered judgment for the plaintiffs, being the registered owner of the suit property, against the 3^rd defendant.

2.Thus even if the applicant is the subtenant of the 3^rd defendant, the applicant’s interest, as he claimed, in part of the property had already been terminated by reason of the termination of the head lease.  In fact, Deputy Judge Muttrie made a declaration that the head tenancy was null and void and of no effect at all times.

3.The applicant’s counsel submitted before me that that decision of Deputy Judge Muttrie is on appeal and if Deputy Judge Muttrie’s decision is reversed, then the applicant can be said to be an interested party in the action.

4.That, in my view, cannot be a ground of reversing the decision of Master Ho.  The judgment entered had already terminated the head tenancy.  Accordingly, the applicant has no basis in this application to be joined as a party herein.  This appeal against Master Ho’s decision must be dismissed, with costs to the plaintiffs.

5.The costs of today’s hearing is assessed summarily at $30,000.00 to be paid by the applicant to the plaintiffs within 14 days hereof.

Mr Daniel Tang, instructed by Messrs C.W. Lau & Co., for the Applicant

Mr Jonathan Chang, instructed by Messrs Rowland Chow, Chan & Co., for the 1^st to 14^th Plaintiffs

The 3^rd Defendant, absent