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THE CHINA MAIL, NOVEMBER 29, 1938.
Jardine's Secure An Eviction Order
MESSRS. JARDINE MATHESON, COMPANY, LIMITED, OBTAINED POSSESSIÓN OF NO. 191, WANCHAI ROAD, FROM CHAN MAN-PO BY AN ORDER MADE BY THE ACTING CHIEF JUSTICE, MR. JUSTICE R. E. LINDSELL, AT THE SUPREME COURT THIS MORNING.
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Plaintiff firm was represented by the present case. → Mr. Potter sub- Mr. Eldon Potter, K. C. who was mitted that unless defendant could prove exceptional hardship, plain- instructed by Mr. H..J. Armstrong.tiff firm was entitled to possession
Mr. Potter stated that defendant of the premises. secured a year's lease of the pre- mises which expired on August 31, 1988. Plaintiff firm had sold the
PLAINTIFF'S AID
Counsel added that plaintiff firm premises and had undertaken to assisted defendant in finding other In accommodation. Defendant's agent have the premises vacated. July defendant was notified that admitted that several houses were the lease expired on August 31 and examined but were found unsuitable that he would be required to give by defendant. up possession on that date........
Mr. Potter said that defendant,
Asked by the Acting Chief Jus- tice, why he was, still in possession
of the house when he had received notice to quit, defendant replied that he was unable to find suitable
living under the present circum- stances, cannot claim benefit of the Evictions Prevention Ordinance. accommodation. He added that if The rent was $200 per month. He
the Court decided against him he had a telephone, owned a car, paid
would move. Defendant said that and kept three private tutors, main- he did not come to Court to oppose tained four servants, supported the case, but merely wanted permis- wife and three children, beside hission to stay on until the end of brother, sister-in-law and three children and four cousins.
MR. POTTER'S AGRUMENT
December.
Plaintiffs agreed to allow de- fendant to remain in the premises until December 15 free of rent, but asked for an order to be made for Mr. Potter agreed that it was very generous of defendant to ac-defendant to give up the house by commodate his brother's family December 15 with mesne profits up and four cousins, but the Ordin- the end of November.
Plaintiff firm was awarded costs ance only protected the tenant and
of the action. his family, therefore it was prac- tically impossible for defendant to say that he will suffer exceptional hardship if he was to give up the premises, for he could obtain ac- family |commodation for his own
►
TRAFFIC FINES
anywhere in the Colony, There were vacant houses, which counsel Before. Mr. R. A. D. Forrest at agreed were not in respectable the Central Magistracy this areas, and boarding houses and ho- morning, Mr. W. Mínderhound, tels, where defendant. could find of No. 14, Felix Villas, was sum- accommodation.
moned for driving without a
·Other accommodation might be licence, and without due care and inconvenient and defendant might caution. suffer hardship, but not exceptional hardship.
2
It was alleged that while defen- dant was driving in Pokfulam Road It was not the law, submitted near the University, he struck Counsel, that suitable accommoda-P.W.D. lorry travelling from the tion and equivalent rent in all res pects must be taken into consider ation by the Court.
coming direction,
A fine of $5 was imposed on the first count-and $25 on the second,
South
Some persona, continued Mr. and he was ordered to pay $11 com- Potter, were obsessed with the idea pensation to the P.W.D.
Mrs. that alternative accommodation
B. K. Trevor, of had to be considered by the Court [Cliff, Stanley, was fined $10, for This, however, had no bearing or speeding in a controlled area.
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