DAO HENG BANK LTD. v. TAM SIU PING CHRISTINE AND OTHERS

DAO HENG BANK LTD. v. TAM SIU PING CHRISTINE AND OTHERS

Service by post to the address for service was technically effective; the 9th defendant produced no documentary evidence and gave inconsistent accounts as to sums paid; she had no real prospect of establishing a proprietary interest or actual occupation that would have put the plaintiff on notice; therefore the...

Source-derived case information.

Citation
DAO HENG BANK LTD. v. TAM SIU PING CHRISTINE AND OTHERS
Parties
Plaintiff/respondent: DAO HENG BANK LIMITED; 1st Defendant: TAM SIU PING CHRISTINE; 2nd Defendant: LI CHIU FAN and TAM HO KEUNG; 3rd Defendant: LI CHIU FAN and TAM SIU PING CHRISTINE; 4th Defendant: LI CHIU FAN; 5th Defendant: TAM CHARN KUEN; 6th Defendant: TAM HO PUN and LI CHIU FAN; 7th Defendant: YET CHEUNG MOTORS COMPANY LIMITED; 8th Defendant: LI CHIU FAN, TAM HO KEUNG, TAM HO PUN and TAM CHARN KUEN; 9th Defendant/appellant: KWAN CHUI KUEN
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 March 2002
Case Number
CACV399/2001
Procedural Posture
Civil Appeal (mortgage/land Dispute) / Court of Appeal Hearing on Appeal From HCMP No. 5132 of 1998; Judgment Given and Reasons Delivered
Outcome
Appeal dismissed with costs
Legal Topics
Service of Process, Setting Aside Judgment in Default, Actual Occupation/overriding Interest, Proprietary Interest/beneficial Ownership, Notice to Mortgagee/chargee
Source Language
en
Civil Procedure Property Law Equity Land Law Mortgages Service of Process Setting Aside Judgment in Default Actual Occupation/overriding Interest +2 more

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Parties

DAO HENG BANK LIMITED

Plaintiff/respondent

TAM SIU PING CHRISTINE

1st Defendant

LI CHIU FAN and TAM HO KEUNG

2nd Defendant

LI CHIU FAN and TAM SIU PING CHRISTINE

3rd Defendant

LI CHIU FAN

4th Defendant

TAM CHARN KUEN

5th Defendant

TAM HO PUN and LI CHIU FAN

6th Defendant

YET CHEUNG MOTORS COMPANY LIMITED

7th Defendant

LI CHIU FAN, TAM HO KEUNG, TAM HO PUN and TAM CHARN KUEN

8th Defendant

KWAN CHUI KUEN

9th Defendant/appellant

Procedural Posture

Civil Appeal (mortgage/land Dispute) / Court of Appeal Hearing on Appeal From HCMP No. 5132 of 1998; Judgment Given and Reasons Delivered

Legal Issues

  1. 1 Whether service of the summons on the 9th defendant was valid
  2. 2 Whether the 9th defendant had an arguable proprietary interest in the two properties
  3. 3 Whether the 9th defendant was in actual occupation such as to put the plaintiff on notice and defeat the mortgagee

Ratio Decidendi

Service by post to the address for service was technically effective; the 9th defendant produced no documentary evidence and gave inconsistent accounts as to sums paid; she had no real prospect of establishing a proprietary interest or actual occupation that would have put the plaintiff on notice; therefore the judge correctly refused to set aside the default judgment and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to the respondent (Dao Heng Bank Limited)