律政司司長 對 梁佩君

律政司司長 對 梁佩君

The court held the originating process was duly served and the April 13 2017 judgment was a regular judgment; the defendant failed to demonstrate any proposed defence with a real prospect of success, therefore the application to set aside (the summons) was dismissed (summons vacated) and costs were awarded against...

Source-derived case information.

Citation
律政司司長 對 梁佩君
Parties
Plaintiff: 律政司司長 (Secretary for Justice); Defendant: 梁佩君 (LEUNG PUI KWUN)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 August 2017
Case Number
DCCJ257/2017
Procedural Posture
Possession/recovery of Land Under Land Resumption Ordinance / Application to Set Aside a Regular/default Judgment (post Judgment)
Outcome
Application to set aside regular/default judgment dismissed; original judgment remains in force.
Legal Topics
Land Resumption, Possession/recovery, Service of Process, Setting Aside Judgment, Mesne Profits/costs
Source Language
ch
Land Law Civil Procedure Administrative Law Land Resumption Possession/recovery Service of Process Setting Aside Judgment Mesne Profits/costs

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Parties

律政司司長 (Secretary for Justice)

Plaintiff

梁佩君 (LEUNG PUI KWUN)

Defendant

Procedural Posture

Possession/recovery of Land Under Land Resumption Ordinance / Application to Set Aside a Regular/default Judgment (post Judgment)

  1. 1 Whether the default/final judgment was regular and properly obtained
  2. 2 Whether service of the originating process was properly effected
  3. 3 Whether the defendant's proposed defence had a real prospect of success

Ratio Decidendi

The court held the originating process was duly served and the April 13 2017 judgment was a regular judgment; the defendant failed to demonstrate any proposed defence with a real prospect of success, therefore the application to set aside (the summons) was dismissed (summons vacated) and costs were awarded against the defendant.

Court Disposition

Application to set aside regular/default judgment dismissed; original judgment remains in force.

Orders

  • Summons (the application to set aside) vacated.
  • Defendant to pay plaintiff's costs of the summons assessed summarily at HK$10,000.