27 Feb 1996
CHAN YIN MAN AND OTHERS v. LEE SHU MAN
- Citation
- CHAN YIN MAN AND OTHERS v. LEE SHU MAN
- Court
- Court of First Instance
- Case number
- HCA3709/1994
Order 29, r.12(b) permits an interim payment where, postulating a final judgment for the defendant (eg specific performance), the defendant would still be liable to pay sums for use and occupation; the rule does not require the test to be met as to every alternative plea; costs are not a relevant factor in deciding such interim payment; on the facts an interim payment at the agreed licence fee rate of $23,000 per month was justified and ordered.