Landlord and Tenant Work
23.
I do not attempt an analysis of the reasons why the great which is the resolution of bulk of the work of the Lands Tribunal, disputes between landlords and tenants, although notionally done in the Lands Tribunal, is in fact done by District Judges sitting informally A great in their Chambers as Presiding Officers of the Lands Tribunal. many judges are strongly opposed to this arrangement which is described as cosmetic. This was at one time District Court work properly so called. Nor can I weigh the respective advantages and disadvantages of work to the District Court or continuing the Either returning the
to be The main current advantages appear present arrangement. informality and low cost which very often are of great importance to the litigant especially the tenant. The procedures do, however, cause inconvenience and difficulty.
are problems of overlapping the District Court and the jurisdiction as between the High Court,
and there about
Lands Tribunal.
There
venue
is
confusion is There inconsistency about legal aid. A tenant notionally before the Tribunal cannot counterclaim against the landlord who nas brought him there. I · can do no better than recommend that this problem be locked at again with a view to seeing if the public interest could be better served.
24.
I have no proposals about the rest of the Lands Tribunal's work but I mention that the (surveyor) Member has some difficulty in developing a listing system under a succession of Presiding Officers. Listing will, no doubt, be re-considered in connection with the move to the new District Court Building in Wanchai.
25.
Bankruptcy and the Winding-up of Companies
At
an
Study it my
was
suggested that
of early stage uncontested bankruptcy and winding-up cases might well be transferred from the High Court to the District Court.
Subsequently, a new
procedure was introduced which places much of the
work before the
Masters of the Supreme Court and therefore still within the ambit of
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