KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS

HCMP005169/1999

HCMP 5169/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS

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IN THE MATTER of Shop 10, G/F, Palm Court, Nos. 3/7, 11/17, 21/23 and 27/29 Tak Ching Court, Tuen Mun, New Territories, Hong Kong

and

IN THE MATTER of Order 113 of the Rules of High Court, Cap. 4

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BETWEEN
KAO TOM alias KAO ZIEG KAY alias Z.K. KAO alias KAO SHEK KI, deceased (represented herein by the 2nd plaintiff as appointed pursuantto the Order of Master B Kwan in Chambers dated 26/1/2000) 1st Plaintiff
TSAO SAU MEI (the administratrix of the estate of Kao Tom alias Kao Zieg Kay alias Z K Kao alias Kao Shek Ki, deceased) 2nd Plaintiff
KAO ELIZABETH YUET HA 3rd Plaintiff
KAO TOM MING FUNG alias KAO MING FUNG DAVID 4th Plaintiff
(Respondents)
AND
LONGERSON CONSTRUCTION LIMITED 1st Defendant
LONGERSON ESTATE AGENCY 2nd Defendant
MO MAN TSANG 3rd Defendant
(Appellants)

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Coram: Hon V Bokhary, J in Chambers

Date of hearing: 1 and 2 November 2000

Date of judgment: 2 November 2000

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J U D G M E N T

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1. Even leaving aside the plaintiffs’ argument which involves a dispute over whether the Chinese term “包租” is to be translated intoEnglish as “principal tenant” or as “rent collecting landlord”, I am satisfied, on the plaintiffs’ other arguments, that the Master’sdecision in their favour is correct.

2. The parties are agreed that the evidence of the translations involved would be necessary if that dispute as to translation had tobe resolved. As it is, however, that dispute does not have to be resolved because the plaintiffs succeed on their arguments whichdo not involve that dispute.

3. I dismiss this appeal with costs to be taxed on a party and party basis in favour of the plaintiffs.

(V. Bokhary)
Judge of the Court of First Instance
High Court

Representation:

Mr Andy Hung, instructed by Messrs Krishnan & Tsang, for the 1st to 3rd Appellants

Mr Kenneth C K Chow, instructed by Messrs K C Tsang & Co., for the 1st to 4th Respondents