Wong Pit Hing v Shum Tong

Judgment Cited in Precedent Map Related
Judgment Date13 November 1947
Judgement NumberCACV14/1947
Year1947
CourtCourt of Appeal (Hong Kong)
CACV000014/1947 WONG PIT HING v. SHUM FONG

IN THE SUPREME COURT OF HONG KONG

APPELLANT JUISDICTION

APPEAL No. 14 of 1947

-----------------

BETWEEN
Wong Pit Hing Appellant
(Applicant)

AND
Shum Tong Respondent
(Opponent)

Transcript of the shorthand notes taken of the oral judgment delivered by
His Honour the Chief Justice on 13th November, 1947

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Coram: Sir Henry Blackall and Mr. Justice E.H. Williams

Date of Judgment: 13 November 1947

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JUDGMENT

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1. If the learned Judge in the Court below had any doubts about the meaning of my brother Williams' order of the 31st October, I think it was unfortunate that he did not refer to that Judge to clarify it. For my own part, however, I do not see that there is any ambiguity about it. The Judge made an order for possession but he wished to secure some accomodation for the 4 subtenants so the order was that if the parties should come to an amicable arrangement, nothing further would have happened. If they would not, then he must decide what part would be given to these 4 subtenants. No arrangement was made and in his order of 9th December, he specified the part that would be left to the principal tenant and the subtenants. He had no information at that time that there had been a change in the subtenancies. If the principal tenant's contention is correct, then this could have happened:-There might have been 6 subtenants in October when the...

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