SIA BENG SIN and Another v. CHAN MAY LIN
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HCA002022/1997
1997, No.A2022
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
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| BETWEEN | ||
| SIA BENG SIN and LIM GIOK LOON | Plaintiffs | |
| AND | ||
| CHAN MAY LIN | Defendant |
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Coram: Hon Yam, J. in Chambers
Date of hearing: 5 December 1997
Date of ruling: 5 December 1997
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R U L I N G
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1. The hearing before me on 25 November 1997 was based on those facts as disclosed by the Defence and Counterclaim which in my view were not enough to resist the Plaintiffs' application for interim payment.
2. Thereafter, the Defendant put in more material amounting to say that there was a dereliction of grant of tenancy in that the suit premises were untenantable and thus no rent should be payable. She also substantiated her Counterclaim by more material. Should her Counterclaim succeed at the end of the day, it might exceed the Plaintiffs' claim.
3. Accordingly if my Order of 25 November 1997 is executed, it might render the appeal nugatory, since the Defendant told me that, as a legally aided person, she could not pay the amount outstanding.
4. Accordingly there shall be a stay of execution pending Defendant's appeal to the Court of Appeal on condition that Madam Chan should file her appeal within time.
5. Costs in the cause of appeal.
6. I also explained that this Court has no jurisdiction to reverse its earlier decision.
7. Letter to be sent to Legal Aid Department to reconsider Defendant's application for Legal Aid in the appeal.
8. Application by the Plaintiffs that Defendant should pay the money into Court as a condition of stay is refused.
| (D. Yam) Judge of the Court of First Instance, High Court |
Representation:
Mr Benny Wong of M/s Clayton Wong & Co., for the Plaintiffs
Defendant: Chan May-lin, in person