6 Aug 2007
MODERN MARKET MANAGEMENT LTD v. MA WAI PIU
- Citation
- MODERN MARKET MANAGEMENT LTD v. MA WAI PIU
- Court
- District Court
- Case number
- DCCJ1441/2006
The claim seeks vacant possession of a stall which is 'land' under s.2 DCO; therefore s.35 applies. The stall's annual value or rateable value prima facie exceeds the District Court jurisdictional limit (HKD240,000), so the District Court lacks jurisdiction to determine the matter. The action is not struck out under s.41(2) because the plaintiff did not know and could not reasonably have known the court lacked jurisdiction; instead the case is transferred to the Court of First Instance and costs of the application are costs in the cause.