Chan Man Chi v. Fajardo, Shrily F.

DCCJ448/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 448 OF 2009

BETWEEN

Before:        H H Judge Chow in Chambers (Open to the public)

Date of Hearing:  27 August 2009

Date of Decision:   27 August 2009

D E C I S I O N

1.I am not satisfied that the defendant is telling me the whole truth.  She said that she was in financial difficulty because of her father’s traffic accident in the Philippines.  She needs to send money to the Philippines for his medication but the traffic accident took place in April this year.  But she failed to pay the rent since October last year so the financial problem for her began last year.  According to the information supplied by the plaintiff, she had paid up about 4 months.  The arrears of rental in the sum of $6,900 per month have accumulated for more than 6 months.  She said that she could pay up the arrears in 10 weeks’ time.  By then the arrears of rent would be increased by 2½ months.  She could not be able to get sufficient funds for the past 10 months.  How could she get it in 10 weeks time?  She said that she will try her best but that is not good enough because that is a general term without substantive support to get the necessary money to pay up all the arrears in rent.  I am not satisfied that she will be able to pay up all the arrears of rent in 10 weeks time.

2.There is really no merit for the application for stay of execution.  I therefore dismiss her application.

(Discussion re costs)

3.The defendant do pay costs of this application to the plaintiff, to be taxed, if not agreed.

Ms J Mak, instructed by Messrs Tang, Lai & Leung,  for the Plaintiff

Defendant, in person, present