JIMMY INVESTMENT CO LTD v. KAN CHUN

HCMP000680/1980

IN THE COURT OF APPEAL
Miscellaneous Proceedings
1980 No. 680

IN THE MATTER OF an application on behalf of the Appellant (Plaintiff) for leave to appeal.

BETWEEN
Jimmy Investment Co. Ltd. Appellant
(Plaintiff)
and
Kan Chun Respondent
(Defendant)

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Coram: Huggins and Cons, JJ.A. and Garcia, J.

Date of Judgment: 21st November, 1980.

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JUDGMENT

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Huggins, J.A.:

1. The applications before us were, first, for leave to appeal and, secondly, for compromise of the appeal. The application for leaveto appeal originally came before the court on a previous occasion when the learned Chief Justice, who was presiding, indicated thatthere was in draft a judgment in another appeal which would clearly decide the point in issue here. As a result of that a furtherapplication has now come before the court today and we gave leave to appeal. In Poon Ming-yin v Cheung Yuet-ngor Civil Appeal 1980 No. 66 the point in issue was clearly decided in favour of the landlord. That is not disputed. We therefore allowthe appeal, enter judgment for the Plaintiff and, by consent, make an order in the terms of paragraphs 2 to 6 in the Notice of Motion.

21st November, 1980.

Representation: