CHEUNG BIU v. CHEUNG HING CHEUNG AND OTHERS
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IN THE COURT OF APPEAL
1987 No. 106
(Civil)
BETWEEN
| CHEUNG BIU | Applicant/ |
| and |
|
| CHEUNG HING CHEUNG | Respondent/ |
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Coram: Hon. Roberts, C.J., Yang, V.-P. & Silke, V.-P.
Date of hearing: 19th November, 1987
Date of delivery of judgment: 19th November, 1987
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JUDGMENT
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Yang, V.-P.:
1. This is appeal of Mr. Sung Kwing Fai, one of two subtenants, against the judgment of Judge Scriven sitting as Presiding Officer in the Lands Tribunal, refusing the subtenants’ application to be joined as respondents in the landlord’s application against his principal tenant for possession of the suit premises. That application was bases on the grounds of non-payment of arrears of rent and sub-letting without the landlord’s consent.
2. Mr. Sung’s fellow subtenant has since left the premises and is not involved in this appeal. Mr. Sung’s desire to be joined as a respondent is bases on two arguments: (1) that the landlord is in fact not the owner of the suit premises, and (2) that the sub-letting to him was with the landlord’s consent.
3. Judge Scriven did not give reasons for his orders, which simply read: “ Application to join dismissed. Application for relief dismissed,” this followed by an order for a stay of execution upon terms.
4. In our view Mr. Sung ought to have been joined and given the opportunity to present his case. We therefore allow the appeal and order that Mr. Sung be joined as a respondent upon his paying into court within 28 days from the 19th November 1987, the sum of $11,700, being 13 months’ rent at $900 per month from December 1986 to December 1987. Stay of execution until the determination of the proceedings between the landlord and Mr. Sung in the Lands Tribunal or Mr. Sung’s failure to make payment into court as ordered. The application is accordingly remitted to the Lands Tribunal.
| T.L. Yang |
Sung Kwing Fai, Appellant in person
Cheung Biu, Respondent in person