Tang Wah Leung t/a Wah Hing Plastic Factory v. Chan Mei Lin

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CIVIL APPEAL NO. 12 OF 1972

(On appeal from O.J. Action No. 1221/70)

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BETWEEN

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JUDGMENT

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Pickering J. :

1.  I agree and wish only to add that the reference to a Registrar for the assessment of damages is the course which was urged upon us by Mr. Mills-Owens for the defendant, upon the hearing of the appeal. Any such assessment by this Court would be impracticable since we are informed that there is a possibility of the defendant recovering the use of the land from the Crown. This however is a matter upon which we have no evidence either as to the actual likelihood of such recovery nor as to its date or the terms upon which it might be granted. These are matters which can, and no doubt will, be ventilated before a registrar.

2.  A further consideration, adverted to by the learned President during the hearing of the appeal, arises. Even if an assessment of damages by this Court, were practicable, the only avenue of appeal therefrom would be to the Privy Council – a lengthy and expensive route upon which a dissatisfied party might be deterred from setting forth, whereas an appeal from a Registrar would follow a simpler and cheaper course.