KONG SHING TAI v. KHAN USMAN

KONG SHING TAI v. KHAN USMAN

On the evidence the Default Judgment was irregular because there was insufficient proof of effective service; the respondent's factual case of an agreed rent reduction lacked credible supporting evidence and the scribbled note did not constitute an enforceable agreement; the proposed appeal raised factual disputes not points of law and had no reasonable prospect of success, therefore leave to appeal and a stay of execution were refused.

Citation
KONG SHING TAI v. KHAN USMAN
Parties
Landlord: KONG SHING TAI; Tenant: KHAN USMAN
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 October 2016
Case Number
LDPD1746/2016
Procedural Posture
Landlord and Tenant Recovery of Possession / Interlocutory Application for Leave to Appeal and Stay
Outcome
Interlocutory application dismissed; leave to appeal refused; stay of execution refused; no order as to costs (costs order nisi that there be no order as to costs).
Legal Topics
Default Judgment, Setting Aside Judgment, Leave to Appeal, Service of Process, Possession, Mesne Profits, Illegal Structures, Estoppel, Credibility Assessment
Source Language
EN
Landlord and Tenant Civil Procedure Property Appeal Default Judgment Setting Aside Judgment Leave to Appeal Service of Process +5 more

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Parties

KONG SHING TAI

Landlord

KHAN USMAN

Tenant

Procedural Posture

Landlord and Tenant Recovery of Possession / Interlocutory Application for Leave to Appeal and Stay

Legal Issues

  1. 1 Whether the Default Judgment was irregular and should be set aside
  2. 2 Whether there was a binding agreement to reduce rent
  3. 3 Whether the Notice of Application was properly served

Ratio Decidendi

On the evidence the Default Judgment was irregular because there was insufficient proof of effective service; the respondent's factual case of an agreed rent reduction lacked credible supporting evidence and the scribbled note did not constitute an enforceable agreement; the proposed appeal raised factual disputes not points of law and had no reasonable prospect of success, therefore leave to appeal and a stay of execution were refused.

Court Disposition

Interlocutory application dismissed; leave to appeal refused; stay of execution refused; no order as to costs (costs order nisi that there be no order as to costs).

Orders

  • Interlocutory application by respondent for leave to appeal dismissed
  • Application for stay of execution of possession refused