Leung Choy v. Ho Ki Lit
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CACV000189/1996 IN THE COURT OF APPEAL 1996, No. 189
---------------------- Coram : Hon. Nazareth, V.-P., Godfrey, J.A. and Sears, J. Date of hearing : 13 November 1996 Date of judgment : 13 November 1996 ---------------------- J U D G M E N T ---------------------- Godfrey, J.A. : 1. It appears that the judge may have misunderstood the case for the applicant. It would not be helpful for me to go into the details. In my judgment, the correct course for us to take is to remit the case to the Lands Tribunal to be heard before a different judge. The respondent accepts that he does owe some arrears of rent to the applicant and says that he is prepared to pay off those arrears and to keep up-to-date with the rent pending the fresh hearing. On that basis we will remit the case back to the Lands Tribunal accordingly. The costs of this appeal (if any) will be costs in the application to the Lands Tribunal. Sears, J. : 2. I agree. Nazareth, V.-P. : 3. I also agree.
Representation: Mr. Leung Choy, the lawful attorney of the Appellant/Applicant, in person Mr. Ho Ki Lit, the authorised representative of the Respondent/Respondent, in person |