萬士盛有限公司 v. 鄧子禎 AND OTHERS

萬士盛有限公司 v. 鄧子禎 AND OTHERS

The judgment dated 24 May 2013 and the writ of possession dated 17 June 2013 were set aside because service was irregular and insufficient to bring the proceedings to the attention of the respondent given the respondent had never occupied the premises; allegations of fraud could not be resolved on the paper and joinder relief was not granted.

Citation
萬士盛有限公司 v. 鄧子禎 AND OTHERS
Parties
Applicant: Mega Grade; Respondent: Respondent (tenant); Intervener: Mr Fong; Intervener: Madam Tjio
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
25 September 2013
Case Number
LDPE426/2013
Procedural Posture
Landlord and Tenant Possession / Interlocutory Summons (joinder/application to Set Aside Judgment)
Outcome
Judgment dated 24 May 2013 set aside; writ of possession dated 17 June 2013 set aside; remaining relief in interveners' summons dismissed; no order as to costs.
Legal Topics
Service of Process, Fraudulent Judgment, Joinder, Possession, Interlocutory Injunction, Directors Appointment Dispute
Source Language
EN
Landlord and Tenant Civil Procedure Property Company Law Service of Process Fraudulent Judgment Joinder Possession +2 more

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Parties

Mega Grade

Applicant

Respondent (tenant)

Respondent

Mr Fong

Intervener

Madam Tjio

Intervener

Procedural Posture

Landlord and Tenant Possession / Interlocutory Summons (joinder/application to Set Aside Judgment)

Legal Issues

  1. 1 Whether the default judgment and writ of possession should be set aside for irregular service
  2. 2 Whether the judgment was obtained by fraud or involved a sham tenancy
  3. 3 Whether the interveners had standing to be joined as parties at this interlocutory stage

Ratio Decidendi

The judgment dated 24 May 2013 and the writ of possession dated 17 June 2013 were set aside because service was irregular and insufficient to bring the proceedings to the attention of the respondent given the respondent had never occupied the premises; allegations of fraud could not be resolved on the paper and joinder relief was not granted.

Court Disposition

Judgment dated 24 May 2013 set aside; writ of possession dated 17 June 2013 set aside; remaining relief in interveners' summons dismissed; no order as to costs.

Orders

  • Set aside judgment dated 24 May 2013 on ground of irregular service.
  • Set aside writ of possession dated 17 June 2013 consequentially.