NG CHUN SANG also known as NG CHUN SUNG AND ANOTHER v. PERSONS IN OCCUPATION OF LOT NO. 544 AND THE REMAINING PORTION OF LOT NO. 539 BOTH IN DEMARCATION DISTRICT NO. 77 AND ANOTHER

NG CHUN SANG also known as NG CHUN SUNG AND ANOTHER v. PERSONS IN OCCUPATION OF LOT NO. 544 AND THE REMAINING PORTION OF LOT NO. 539 BOTH IN DEMARCATION DISTRICT NO. 77 AND ANOTHER

Service was defective (documents placed at a neighbour's door, general postal address to the Lands was insufficient, and an incorrect typed address was unreliable), so the 2nd defendant had no notice of the hearing; the judgment was irregular and must be set aside, the stay and setting-aside summonses granted, and costs awarded to the 2nd defendant.

Citation
[2021] HKDC 478
Parties
Plaintiff: 1st plaintiff; Plaintiff: 2nd plaintiff; Defendant: 2nd defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 April 2021
Case Number
DCCJ3463/2018
Procedural Posture
Civil Land/possession / Post Judgment Applications to Stay Execution and to Set Aside an Irregular/default Judgment
Outcome
Order set aside; Stay of Execution Summons and Setting Aside Summons granted; costs awarded to 2nd defendant.
Legal Topics
Setting Aside Irregular/default Judgment, Adverse Possession, Service of Process, Costs Assessment
Source Language
EN
Civil Procedure Property Law Land Law Service of Process Setting Aside Irregular/default Judgment Adverse Possession Costs Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

1st plaintiff

Plaintiff

2nd plaintiff

Plaintiff

2nd defendant

Defendant

Procedural Posture

Civil Land/possession / Post Judgment Applications to Stay Execution and to Set Aside an Irregular/default Judgment

Legal Issues

  1. 1 Whether the documents were validly served on the 2nd defendant
  2. 2 Whether the default/irregular judgment should be set aside
  3. 3 Whether the merits of the defendant's defence should be determined despite irregular service

Ratio Decidendi

Service was defective (documents placed at a neighbour's door, general postal address to the Lands was insufficient, and an incorrect typed address was unreliable), so the 2nd defendant had no notice of the hearing; the judgment was irregular and must be set aside, the stay and setting-aside summonses granted, and costs awarded to the 2nd defendant.

Court Disposition

Order set aside; Stay of Execution Summons and Setting Aside Summons granted; costs awarded to 2nd defendant.

Orders

  • The Order made pursuant to the Decision of 5 August 2020 is set aside.
  • The Stay of Execution Summons is granted.