Abdoolally Ebrahim & Co., (H.K.) Ltd. v. Formalex Ltd.

Abdoolally Ebrahim & Co., (H.K.) Ltd. v. Formalex Ltd.

The Tribunal refused to grant a stay of proceedings pending the appeal as there was no necessity and such a stay would impose undue inflexibility; the hearing date of 3 November 2000 was vacated and the parties were given leave to apply to fix a new hearing date after the final disposal of the appeal; costs of the summons were apportioned so that each party bears its own costs.

Citation
Abdoolally Ebrahim & Co., (H.K.) Ltd. v. Formalex Ltd.
Parties
Applicant (tenant): Abdoolally Ebrahim & Co., (H.K.) Ltd.; Respondent (landlord): Formalex Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 October 2000
Case Number
LDNT43/2000
Procedural Posture
Lands Tribunal Application for Grant of a New Tenancy / Interlocutory Summons Re: Vacating Hearing Date and Stay Pending Appeal After Preliminary Ruling in Favour of Applicant
Outcome
Summons partly dismissed: hearing date vacated; stay refused; leave granted to apply for new hearing date after final disposal of appeal; costs ordered that each party bear own costs.
Legal Topics
Renewal of Tenancy, Vacating Hearing Dates, Stay of Proceedings Pending Appeal, Interlocutory Costs, Jurisdiction to Determine Interim Rent
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Appeal Procedure Costs Renewal of Tenancy Vacating Hearing Dates Stay of Proceedings Pending Appeal +2 more

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Parties

Abdoolally Ebrahim & Co., (H.K.) Ltd.

Applicant (tenant)

Formalex Limited

Respondent (landlord)

Procedural Posture

Lands Tribunal Application for Grant of a New Tenancy / Interlocutory Summons Re: Vacating Hearing Date and Stay Pending Appeal After Preliminary Ruling in Favour of Applicant

Legal Issues

  1. 1 Whether the Lands Tribunal should stay proceedings pending the Respondent's appeal
  2. 2 Whether the hearing date of 3 November 2000 should be vacated
  3. 3 Whether costs of the summons should be awarded and to whom

Ratio Decidendi

The Tribunal refused to grant a stay of proceedings pending the appeal as there was no necessity and such a stay would impose undue inflexibility; the hearing date of 3 November 2000 was vacated and the parties were given leave to apply to fix a new hearing date after the final disposal of the appeal; costs of the summons were apportioned so that each party bears its own costs.

Court Disposition

Summons partly dismissed: hearing date vacated; stay refused; leave granted to apply for new hearing date after final disposal of appeal; costs ordered that each party bear own costs.

Orders

  • Hearing date fixed on 3 November 2000 is vacated.
  • The application for a stay of proceedings until the Respondent's appeal is finally disposed of is dismissed.