CHEUNG MAN YUEN v. CHAU WAN KAI JONAS

CHEUNG MAN YUEN v. CHAU WAN KAI JONAS

The court found the defendant's allegations were implausible, unsupported by contemporaneous steps or evidence, and amounted to an attempt to delay vacant possession; the defendant failed to establish a realistic prospect of success to set aside the regular default judgment, therefore the appeal is dismissed and the default judgment stands.

Citation
[2019] HKDC 991
Parties
Plaintiff: Cheung Man Yuen; Defendant/appellant: Chau Wan Kai Jonas
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 July 2019
Case Number
DCCJ3353/2018
Procedural Posture
Civil Possession (vacant Possession) / Appeal From Master Refusing to Set Aside a Default Judgment (hearing De Novo Under O.19 R.9, Rules of the District Court Cap.336 H)
Outcome
Appeal dismissed.
Legal Topics
Default Judgment, Setting Aside Judgment, Vacant Possession, Assignment of Property, Tenancy Agreement, Repurchase Agreement, Costs, Summary Assessment
Source Language
EN
Civil Procedure Property Law Contract Law Landlord and Tenant Default Judgment Setting Aside Judgment Vacant Possession Assignment of Property +4 more

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Parties

Cheung Man Yuen

Plaintiff

Chau Wan Kai Jonas

Defendant/appellant

Procedural Posture

Civil Possession (vacant Possession) / Appeal From Master Refusing to Set Aside a Default Judgment (hearing De Novo Under O.19 R.9, Rules of the District Court Cap.336 H)

Legal Issues

  1. 1 Whether the defendant demonstrated a realistic prospect of success to set aside a regular default judgment
  2. 2 Whether the assignment and sale were completed
  3. 3 Allegation of missing sale proceeds (HK$430,000) and whether documents were forged or unauthorised

Ratio Decidendi

The court found the defendant's allegations were implausible, unsupported by contemporaneous steps or evidence, and amounted to an attempt to delay vacant possession; the defendant failed to establish a realistic prospect of success to set aside the regular default judgment, therefore the appeal is dismissed and the default judgment stands.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs to the plaintiff
  • Costs to plaintiff with certificate for counsel