THE JOUSTER LTD. v. WANG KA LUENG ALBERT AND ANOTEHR

HCA 5999/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5999 OF 1999

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J U D G M E N T

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Godfrey, J.A. :

1. This is a plaintiff's application for summary judgment for possession and payment of arrears of rent under a tenancy agreement made on 22 December 1998. The plaintiff succeeded before the master and the defendant now appeals, contending that the tenancy agreement is a sham and that, in any case, the contractual arrangements between the parties are to be found, not only in the tenancy agreement itself, but also in a supplemental agreement made between the parties on the same date, i.e. 22 December 1998, and that the arrangements are of such complexity that the dispute between the parties requires further investigation at a trial.

2. I am not impressed with the suggestion that the tenancy agreement is a sham. But it is quite clear that it does not stand alone and indeed forms only part of the arrangements made on 22 December 1998 between the parties. These arrangements are indeed quite complicated and I am satisfied that the dispute cannot properly be resolved under Order 14 of the Rules of High Court. I will set aside the master's order and give the defendant unconditional leave to defend the action. I will order that the costs of the plaintiff and of the defendant of the plaintiff's application (including the costs of its appeal) be costs in the cause. I will give directions for a speedy trial; defence to be filed by 4:00 p.m. on Friday, 3 September 1999; reply if so advised by 4:00 p.m. Friday, 10 September 1999. Discovery within 14 days thereafter; inspection within 7 days after discovery. The case is to be set down for trial as soon as discovery and inspection are complete.