ALL VICTORY ASIA LTD v. KOO DICK YOUNG GUDY

ALL VICTORY ASIA LTD v. KOO DICK YOUNG GUDY

The Tribunal refused to set aside the Default Judgment because the respondent failed to show good cause or a defence with a real prospect of success: his non-payment was a deliberate reliance on alleged set-off (not an oversight), the covenant to pay rent is independent of other claims, and his equitable lien argument failed for lack of nexus between the unpaid share purchase money and the Property and because any lien could be defeated by a bona fide purchaser; accordingly the interlocutory applications were dismissed.

Citation
ALL VICTORY ASIA LTD v. KOO DICK YOUNG GUDY
Parties
Applicant: Applicant; Respondent: DICK YOUNG GUDY
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 July 2017
Case Number
LDPD1124/2017
Procedural Posture
Landlord and Tenant — Recovery of Possession / Interlocutory Applications to Set Aside Default Judgment and for Stay/relief Against Forfeiture
Outcome
Interlocutory applications dismissed; Default Judgment remains; no order as to costs.
Legal Topics
Default Judgment, Relief Against Forfeiture, Set Off, Equitable Lien, Possession, Estoppel, Bona Fide Purchaser
Source Language
EN
Landlord and Tenant Civil Procedure Equity Contract Company Law Default Judgment Relief Against Forfeiture Set Off +4 more

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Parties

Applicant

Applicant

DICK YOUNG GUDY

Respondent

Procedural Posture

Landlord and Tenant — Recovery of Possession / Interlocutory Applications to Set Aside Default Judgment and for Stay/relief Against Forfeiture

Legal Issues

  1. 1 Whether the Default Judgment should be set aside for want of timely opposition
  2. 2 Whether respondent had good cause or a defence with a real prospect of success to obtain relief against forfeiture
  3. 3 Whether respondent validly asserted set-off against rent

Ratio Decidendi

The Tribunal refused to set aside the Default Judgment because the respondent failed to show good cause or a defence with a real prospect of success: his non-payment was a deliberate reliance on alleged set-off (not an oversight), the covenant to pay rent is independent of other claims, and his equitable lien argument failed for lack of nexus between the unpaid share purchase money and the Property and because any lien could be defeated by a bona fide purchaser; accordingly the interlocutory applications were dismissed.

Court Disposition

Interlocutory applications dismissed; Default Judgment remains; no order as to costs.

Orders

  • Interlocutory Applications dated 5 July 2017 and 10 July 2017 dismissed.
  • No order as to costs.