伯良香港貿易有限公司 v. 黃錦科

伯良香港貿易有限公司 v. 黃錦科

The Default Judgment was regular because service by posting and postage was proven on the balance of probabilities and the respondent failed to rebut or explain his apparent knowledge of the judgment; the respondent surrendered possession and is liable for mesne profits for the period of occupation; the respondent has not established a meritorious legal or equitable set-off because the DCCJ claim is for unliquidated damages and is not sufficiently connected to the rent claim; therefore the application to set aside the Default Judgment and for a stay is dismissed.

Citation
伯良香港貿易有限公司 v. 黃錦科
Parties
Applicant/landlord: Applicant (registered owner); Respondent/tenant: Respondent (tenant)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
19 June 2014
Case Number
LDPE699/2013
Procedural Posture
Landlord and Tenant Possession Application for Possession for Non Payment of Rent; Interlocutory Setting Aside of Default Judgment / Application to Set Aside Default Judgment and for a Stay (interlocutory)
Outcome
Application to set aside Default Judgment dismissed; no stay granted; Default Judgment upheld.
Legal Topics
Default Judgment, Service of Process, Mesne Profits, Set Off, Stay of Proceedings, Costs
Source Language
EN
Landlord and Tenant Civil Procedure Equity Default Judgment Service of Process Mesne Profits Set Off Stay of Proceedings +1 more

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Parties

Applicant (registered owner)

Applicant/landlord

Respondent (tenant)

Respondent/tenant

Procedural Posture

Landlord and Tenant Possession Application for Possession for Non Payment of Rent; Interlocutory Setting Aside of Default Judgment / Application to Set Aside Default Judgment and for a Stay (interlocutory)

Legal Issues

  1. 1 Whether the Default Judgment was regular or irregular (adequacy of service)
  2. 2 Whether the respondent has a meritorious defence entitling setting aside (set-off)
  3. 3 Whether a stay of proceedings should be granted pending related proceedings

Ratio Decidendi

The Default Judgment was regular because service by posting and postage was proven on the balance of probabilities and the respondent failed to rebut or explain his apparent knowledge of the judgment; the respondent surrendered possession and is liable for mesne profits for the period of occupation; the respondent has not established a meritorious legal or equitable set-off because the DCCJ claim is for unliquidated damages and is not sufficiently connected to the rent claim; therefore the application to set aside the Default Judgment and for a stay is dismissed.

Court Disposition

Application to set aside Default Judgment dismissed; no stay granted; Default Judgment upheld.

Orders

  • Default Judgment upheld; application to set aside dismissed
  • No stay of proceedings granted