31 Oct 1995
LU SHANG CHANG v. KINGROUP LTD
- Citation
- LU SHANG CHANG v. KINGROUP LTD
- Court
- Court of Appeal
- Case number
- CACV106/1995
By majority the Court of Appeal held that the judge below erred: the evidence and legal effect of the clearance clause and the bailiff's role in the initial auction were not properly considered; the goods were not shown to be in the tenant's apparent possession so as to justify the second distraint and the judge's exercise of discretion was flawed; accordingly the appeal is allowed and costs ordered as set out.