EVERLIGHT COMMODITIES LTD v. BESAN LTD

EVERLIGHT COMMODITIES LTD v. BESAN LTD

The words 'an action or matter' in Section 40 include matters where the Supreme Court's role is limited to deciding jurisdiction; therefore a Judge of the Supreme Court has power under s.40 to order the transfer of the action to the District Court and the order was made without needing to rely on inherent jurisdiction.

Citation
EVERLIGHT COMMODITIES LTD v. BESAN LTD
Parties
Plaintiff: EVERLIGHT COMMODITIES LIMITED; Defendant: BESAN LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 1981
Case Number
HCA6566/1980
Procedural Posture
Possession (landlord and Tenant) / Chambers Application to Remove From Warned List and Transfer to District Court
Outcome
Order made to remove action from Warned List and to transfer the action to the District Court
Legal Topics
Transfer Between Courts, District Court Jurisdiction, Section 68 Landlord & Tenant Ordinance, Section 40 District Court Ordinance, Inherent Jurisdiction, Warned List Removal
Source Language
EN
Landlord and Tenant Civil Procedure Jurisdiction Court Transfer Transfer Between Courts District Court Jurisdiction Section 68 Landlord & Tenant Ordinance Section 40 District Court Ordinance +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

EVERLIGHT COMMODITIES LIMITED

Plaintiff

BESAN LIMITED

Defendant

Procedural Posture

Possession (landlord and Tenant) / Chambers Application to Remove From Warned List and Transfer to District Court

Legal Issues

  1. 1 Whether a Judge of the Supreme Court has power to order transfer of an action to the District Court under Section 40 of the District Court Ordinance or by inherent jurisdiction
  2. 2 Whether the phrase 'an action or matter' in s.40 includes matters where the Supreme Court's role is limited to determining its own jurisdiction

Ratio Decidendi

The words 'an action or matter' in Section 40 include matters where the Supreme Court's role is limited to deciding jurisdiction; therefore a Judge of the Supreme Court has power under s.40 to order the transfer of the action to the District Court and the order was made without needing to rely on inherent jurisdiction.

Court Disposition

Order made to remove action from Warned List and to transfer the action to the District Court

Orders

  • Action removed from the Warned List.
  • Action transferred to the District Court.