20 Mar 2009
WONG WAI MING v. SAI KUNG FLEA MARKET & BBQ PARADISE CO., LTD
- Citation
- WONG WAI MING v. SAI KUNG FLEA MARKET & BBQ PARADISE CO., LTD
- Court
- Court of First Instance
- Case number
- HCA2289/2008
The court provisionally found the second pre-condition for an interim payment order satisfied: the Shop was not shown to be seriously damaged or unfit for occupation so as to engage clause 6, clause 6 in any event suspends only rent and does not affect other obligations (management fees, rates, air-conditioning charges) or plaintiff's right to mesne profits, and the counterclaim lacked evidence and legal basis to support a set-off; accordingly the interim payment order was correctly made and the defendant's appeal was dismissed.