LI LAI YUEN, the committee of the estate of TMF, a mentally incapacitated person (pursuant to the Order of The Hon Madam Justice B. Chu made on 6 September 2021 under Part II of the Mental Health Ordinance, Cap.136), being the Administratrix of the estate of Li Chik Ming, Deceased v. LI KIM FEI AND OTHERS

LI LAI YUEN, the committee of the estate of TMF, a mentally incapacitated person (pursuant to the Order of The Hon Madam Justice B. Chu made on 6 September 2021 under Part II of the Mental Health Ordinance, Cap.136), being the Administratrix of the estate of Li Chik Ming, Deceased v. LI KIM FEI AND OTHERS

Because the defendants failed to comply with an unless order and their Amended Defence was struck out, and because documents were properly served and the amended pleading on its face entitled the plaintiff to the relief sought (with specified textual updates), the court was justified in granting default judgment in the terms proposed by the plaintiff.

Citation
[2024] HKCFI 2514
Parties
Plaintiff (committee of Tmf; Administratrix of Estate of Li Chik Ming, Deceased): LI LAI YUEN; 1st Defendant: LI KIM FEI; 2nd Defendant: LI CHI FAI; 3rd Defendant: ALL OCCUPIERS OF SECTION A OF LOT NO.1762 AND SECTION E OF LOT NO.1769 BOTH IN DEMARCATION DISTRICT NO.124
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 September 2024
Case Number
HCA1125/2022
Procedural Posture
Civil Action for Possession, Account and Restitution Arising From Estate Administration / Default Judgment Application Following Striking Out of Amended Defence for Non Compliance With Unless Order
Outcome
Default judgment granted in favour of the plaintiff as updated in terms
Legal Topics
Possession, Account and Inquiry, Unjust Enrichment, Injunction, Default Judgment, Case Management Non Compliance
Source Language
EN
Civil Property Equity Trusts and Estates Mental Health (committee Proceedings) Possession Account and Inquiry Unjust Enrichment +3 more

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Parties

LI LAI YUEN

Plaintiff (committee of Tmf; Administratrix of Estate of Li Chik Ming, Deceased)

LI KIM FEI

1st Defendant

LI CHI FAI

2nd Defendant

ALL OCCUPIERS OF SECTION A OF LOT NO.1762 AND SECTION E OF LOT NO.1769 BOTH IN DEMARCATION DISTRICT NO.124

3rd Defendant

Procedural Posture

Civil Action for Possession, Account and Restitution Arising From Estate Administration / Default Judgment Application Following Striking Out of Amended Defence for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether plaintiff as committee/administratrix is entitled to possession of estate properties
  2. 2 Whether defendants' amended defence should be struck out for failure to comply with case management order
  3. 3 Whether default judgment should be entered and relief granted on the face of the pleading

Ratio Decidendi

Because the defendants failed to comply with an unless order and their Amended Defence was struck out, and because documents were properly served and the amended pleading on its face entitled the plaintiff to the relief sought (with specified textual updates), the court was justified in granting default judgment in the terms proposed by the plaintiff.

Court Disposition

Default judgment granted in favour of the plaintiff as updated in terms

Orders

  • Amended Defence of 1st and 2nd Defendants struck out for failure to comply with the unless order
  • Default judgment entered against the 1st and 2nd Defendants in terms as updated