JCW

[Vacant Possession – eviction of occupiers from common property of a condominium] Justin argued this case and was assisted by CY Leong (who attended the decision). Justin was the counsel for the Plaintiff, the management corporation of Palm Spring. This is a case involving an application by the Plaintiff against the Defendants to deliver vacant possession of the common property to the management corporation. The Plaintiff is entitled to a vacant possession of the common property pursuant to an order by Court of Appeal and the 2nd Defendant is supposed to deliver vacant possession to the Plaintiff. However, the 2nd Defendant failed to deliver vacant possession by allowing its sub-tenant to remain in the common property and continue to collect rent from its sub-tenant for some time. The Court allowed the Plaintiff’s application and ordered the 2nd Defendant to deliver vacant possession within 30 days of the order, failure of which, the 2nd Defendant run the risk of being held in contempt of court