LICKSUN COMPANY LTD v. Occupiers of Sub-Section 2 of Section B of Lot No 1016 in DD19 which is also known as DD19 LOT No 1016 B2 AND ANOTHER

LICKSUN COMPANY LTD v. Occupiers of Sub-Section 2 of Section B of Lot No 1016 in DD19 which is also known as DD19 LOT No 1016 B2 AND ANOTHER

The court refused to enter final or interlocutory judgment because the plaintiff's pleaded case was shadowy and insufficiently particularised, there was no clear evidence of the plaintiff's existence or of service of the Summons, and the plaintiff's representative could not satisfactorily explain the case; accordingly the appropriate course was to adjourn the Summons sine die with liberty to restore and permit both parties to file affidavit evidence rather than enter judgment in the defendant's absence.

Citation
[2025] HKDC 372
Parties
Plaintiff: Licksun Company Limited; 1st Defendant: Occupiers of Sub-Section 2 of Section B of Lot No 1016 in DD19 which is also known as DD19 LOT No 1016 B2; 2nd Defendant: Yu Siu Kwan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 March 2025
Case Number
DCCJ2829/2023
Procedural Posture
Order 19 Summons (summary Judgment) / Substantive Hearing on Order 19 Summons
Outcome
Summons adjourned sine die with liberty to restore; leave granted to both parties to file affidavit evidence as to substance and service; costs reserved.
Legal Topics
Summary Judgment, Service of Process, Proprietary Declaration, Permanent Injunction, Adjournment Sine Die, Leave to File Affidavit, Default Judgment
Source Language
EN
Civil Procedure Property Law Equity Land Law Summary Judgment Service of Process Proprietary Declaration Permanent Injunction +3 more

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Parties

Licksun Company Limited

Plaintiff

Occupiers of Sub-Section 2 of Section B of Lot No 1016 in DD19 which is also known as DD19 LOT No 1016 B2

1st Defendant

Yu Siu Kwan

2nd Defendant

Procedural Posture

Order 19 Summons (summary Judgment) / Substantive Hearing on Order 19 Summons

Legal Issues

  1. 1 Whether it was appropriate to enter final or interlocutory judgment against a defendant who filed no Defence and did not appear
  2. 2 Whether the plaintiff's pleaded case and affidavit evidence were sufficiently particularised and supported to ground a proprietary declaration and permanent injunction
  3. 3 Whether there was adequate evidence of service of the Summons

Ratio Decidendi

The court refused to enter final or interlocutory judgment because the plaintiff's pleaded case was shadowy and insufficiently particularised, there was no clear evidence of the plaintiff's existence or of service of the Summons, and the plaintiff's representative could not satisfactorily explain the case; accordingly the appropriate course was to adjourn the Summons sine die with liberty to restore and permit both parties to file affidavit evidence rather than enter judgment in the defendant's absence.

Court Disposition

Summons adjourned sine die with liberty to restore; leave granted to both parties to file affidavit evidence as to substance and service; costs reserved.

Orders

  • The Summons be adjourned sine die
  • Liberty to restore the Summons before any Judge of the District Court with 2 hours reserved