NG CHING YAM 對 SU JIN

NG CHING YAM 對 SU JIN

The default judgment was a regular judgment because service complied with the Land Tribunal Rules (ordinary mail and posting). The respondent admitted cessation of rent payments from 18 August 2019 and his factual and legal defences lacked a real prospect of success; accordingly the application to set aside or suspend the judgment was dismissed and costs awarded to the applicant.

Citation
[2021] HKLdT 30
Parties
Applicant: NG CHING YAM; Respondent: SU JIN
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
7 May 2021
Case Number
LDPE1470/2019
Procedural Posture
Application for Recovery of Premises and Rent (land Tribunal) / Hearing of Application to Set Aside Default Judgment (non‑regular Review)
Outcome
Application to set aside/suspend the default judgment dismissed; default judgment maintained
Legal Topics
Default Judgment, Setting Aside Judgment, Service by Post and Posting, Rent Arrears, Costs
Source Language
CH
Landlord and Tenant Procedural Law Service of Process Possession Debt Recovery Default Judgment Setting Aside Judgment Service by Post and Posting +2 more

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Parties

NG CHING YAM

Applicant

SU JIN

Respondent

Procedural Posture

Application for Recovery of Premises and Rent (land Tribunal) / Hearing of Application to Set Aside Default Judgment (non‑regular Review)

Legal Issues

  1. 1 whether the default judgment was regular and properly served under the Land Tribunal Rules
  2. 2 whether the respondent advanced a defence with a real prospect of success sufficient to justify setting aside the judgment
  3. 3 whether the bailiff's entry and seizure equated to lawful repossession of the premises

Ratio Decidendi

The default judgment was a regular judgment because service complied with the Land Tribunal Rules (ordinary mail and posting). The respondent admitted cessation of rent payments from 18 August 2019 and his factual and legal defences lacked a real prospect of success; accordingly the application to set aside or suspend the judgment was dismissed and costs awarded to the applicant.

Court Disposition

Application to set aside/suspend the default judgment dismissed; default judgment maintained

Orders

  • Application dismissed
  • Respondent to pay applicant's costs assessed immediately at HK$3500