Leung Choy v. Ho Ki Lit

CACV000189/1996

IN THE COURT OF APPEAL

1996, No. 189
(Civil)

 

BETWEEN
	Mr. Leung Choy Lawful attorney of Leung Chun	Applicant/ Appellant
	AND
	Mr. Ho Ki Lit Authorised representative of Ho Tai Loi	Respondent/ Respondent

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Coram : Hon. Nazareth, V.-P., Godfrey, J.A. and Sears, J.

Date of hearing : 13 November 1996

Date of judgment : 13 November 1996

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J U D G M E N T

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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.

(G.P. Nazareth)	(Gerald Godfrey)	(R.A.W. Sears)
Vice President	Justice of Appeal	Judge of the High Court

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