ORIENTAL FA LTD v. TO YUEN FANG LOUISE AND ANOTHER

ORIENTAL FA LTD v. TO YUEN FANG LOUISE AND ANOTHER

Default judgment was granted because the 2nd defendant had a full opportunity to defend and its relevant defences were abandoned or struck out; the plaintiff filed the necessary affirmations under Order 88 r 5 and adequately addressed occupier particulars such that no further notice was required given common control and tenancy breach; production of the original mortgage is not required in writ actions; paper disposal was within the court's case management powers; no evidence justified extending the usual 28-day possession period; costs were awarded on an indemnity basis pursuant to the mortgage and agreement clauses.

Citation
[2025] HKCFI 3886
Parties
Plaintiff: Oriental FA Limited; 1st Defendant: To Yuen Fang Louise; 2nd Defendant: Eminent Gain Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2025
Case Number
HCA919/2024
Procedural Posture
Mortgage Enforcement / Possession Action / Summons for Default Judgment Following Striking Out of Defences; Paper Disposal
Outcome
Default judgment granted against the 2nd Defendant: vacant possession and payment ordered; possession to be delivered within 28 days; costs awarded to plaintiff on an indemnity basis.
Legal Topics
Default Judgment, Possession of Mortgaged Property, Order 88 Rule 5 Compliance, Striking Out Defences, Production of Original Mortgage, Costs on Indemnity Basis
Source Language
EN
Civil Procedure Mortgage Law Property Law Equity Default Judgment Possession of Mortgaged Property Order 88 Rule 5 Compliance Striking Out Defences +2 more

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Parties

Oriental FA Limited

Plaintiff

To Yuen Fang Louise

1st Defendant

Eminent Gain Limited

2nd Defendant

Procedural Posture

Mortgage Enforcement / Possession Action / Summons for Default Judgment Following Striking Out of Defences; Paper Disposal

Legal Issues

  1. 1 Whether default judgment should be entered against the 2nd defendant after its defence and counterclaim were struck out
  2. 2 Whether plaintiff complied with Order 88 rule 5(4) regarding particulars and notice to occupiers
  3. 3 Whether plaintiff must produce the original mortgage under Order 88 rule 5(2) in a writ action

Ratio Decidendi

Default judgment was granted because the 2nd defendant had a full opportunity to defend and its relevant defences were abandoned or struck out; the plaintiff filed the necessary affirmations under Order 88 r 5 and adequately addressed occupier particulars such that no further notice was required given common control and tenancy breach; production of the original mortgage is not required in writ actions; paper disposal was within the court's case management powers; no evidence justified extending the usual 28-day possession period; costs were awarded on an indemnity basis pursuant to the mortgage and agreement clauses.

Court Disposition

Default judgment granted against the 2nd Defendant: vacant possession and payment ordered; possession to be delivered within 28 days; costs awarded to plaintiff on an indemnity basis.

Orders

  • The 2nd Defendant do deliver vacant possession of Units A and B on 27th Floor Century Tower I and Car Parking Spaces Nos. 62 and 75 on Level 3, Century Tower within 28 days from the date hereof
  • The 2nd Defendant do pay HK$131,248,000.00 being the aggregate outstanding balance of the loan and accrued interest to 6 April 2024