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Civil Action1973

SUM WAI KUN t/a SHUM KAN KEE v. YAU WING SIM KEE

23355-EN-1973-08-29

SUM WAI KUN t/a SHUM KAN KEE v. YAU WING SIM KEE

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HCA001209/1973

 

IN THE SUPREME COURT OF HONG KONG

(ORIGINAL JURISDICTION)

 

ACTION NO. 1209 OF 1973

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BETWEEN  
 SUM WAI KUN trading as SHUM KAN KEEPlaintiff
 and 
 YAU WING SIM KEE (a firm)Defendant

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Coram: Trainor J. in Chambers

Date of Judgment: 29th August, 1973.

 

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JUDGMENT

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1. The defendant had been a tenant for 5 years approximatoly of the plaintiff when on her own admission she cased to pay rent. She has conceded a tenancy. I have heard her and read her affidavits. I have heard a lot more from the appellant than is in her affidavits. Nothing she has said and nothing in her affidavits suggests that the learned Registrar exercised his discretion improperly. On the contrary I am satisfied that the learned Registrar exercised it very correctly having decided that the defence was of the flimsiest nature.

2. The defendant has retained rent since last November so it should be no hardship to comply with the requirements imposed by the Registrar.

3. The appeal is dismissed with costs.

 

 

 (J.P. Trainor)
 Puisne Judge

 

Representation:

Mr. Lee (Ford Kwan & Co.) for Plaintiff.

Appellant in person.