30 Sept 1983
YUNG KEE CO v. CHEUNG SO YIN KEE
- Citation
- YUNG KEE CO v. CHEUNG SO YIN KEE
- Court
- Court of First Instance
- Case number
- HCA5171/1982
On the facts the tenancy was not frustrated: the fire occurred at the tail end of a four-year term and the loss of beneficial use (about eleven weeks) did not render performance radically different or justify discharging contractual rent obligations; executed performance and the short remaining term were decisive. Separately, the magistrate's ex parte order detaining travel documents was a nullity: where ICAC already had the documents the magistrate should ordinarily hear the person inter partes, must observe natural justice, must exercise a discretion to balance investigatory need against pe…