GORDON ZEE MING JEAN v. NASIR REHMAN

GORDON ZEE MING JEAN v. NASIR REHMAN

The appeal was dismissed because the defendant failed to show any evidential basis for adjournment or a pending legal aid appeal, failed to file any affirmation specifying supporting documents, and his counterclaim lacked evidence to raise a triable issue; therefore the Registrar's refusal of further adjournment and...

Source-derived case information.

Citation
GORDON ZEE MING JEAN v. NASIR REHMAN
Parties
Plaintiff (respondent): Gordon Zee Ming Jean; Defendant (appellant): Nasir Rehman
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 December 2015
Case Number
DCCJ1247/2015
Procedural Posture
Civil Possession and Mesne Profits / Appeal Against Registrar's Judgment Under Order 58 (inter Partes Order 14 Proceedings)
Outcome
Appeal dismissed; Registrar's judgment affirmed
Legal Topics
Order 58 Appeal, Order 14 Application, Adjournment, Legal Aid Application Effect, Counterclaim for Emotional Distress
Source Language
en
Landlord and Tenant Civil Procedure Possession Mesne Profits Costs Order 58 Appeal Order 14 Application Adjournment +2 more

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Parties

Gordon Zee Ming Jean

Plaintiff (respondent)

Nasir Rehman

Defendant (appellant)

Procedural Posture

Civil Possession and Mesne Profits / Appeal Against Registrar's Judgment Under Order 58 (inter Partes Order 14 Proceedings)

Legal Issues

  1. 1 Whether Registrar's judgment ordering possession and mesne profits should be set aside
  2. 2 Whether defendant showed a proper basis for adjournment pending a legal aid appeal
  3. 3 Whether defendant's counterclaim disclosed a triable issue

Ratio Decidendi

The appeal was dismissed because the defendant failed to show any evidential basis for adjournment or a pending legal aid appeal, failed to file any affirmation specifying supporting documents, and his counterclaim lacked evidence to raise a triable issue; therefore the Registrar's refusal of further adjournment and the order for possession and costs were correctly made.

Court Disposition

Appeal dismissed; Registrar's judgment affirmed

Orders

  • Defendant to deliver up vacant possession of the Premises
  • Defendant to pay costs to the plaintiff on an indemnity basis, costs to be taxed if not agreed, with certificate for counsel