CITYORK (HONG KONG) LTD. v. FAN TAK HUNG

CITYORK (HONG KONG) LTD. v. FAN TAK HUNG

The Registrar correctly uplifted the legal aid stay because no valid memorandum for the second application had been filed and the first application had been refused; the defendant failed to demonstrate a real prospect of success on allegations of forgery or to produce evidence of loss or repair costs, therefore the default judgment would not be set aside but amended to reflect arrears from 1 January 2002; the defendant's appeal is dismissed.

Citation
CITYORK (HONG KONG) LTD. v. FAN TAK HUNG
Parties
Plaintiff: Plaintiff; Defendant: Fan Tak-hung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2002
Case Number
DCCJ1361/2002
Procedural Posture
Landlord and Tenant Rent Recovery / Appeal From Registrar's Order
Outcome
Appeal dismissed; Registrar's order upheld; default judgment amended to limit claim for arrears from 1 January 2002
Legal Topics
Default Judgment, Stay of Proceedings, Legal Aid Application, Rent Arrears, Set Aside Judgment, Costs
Source Language
EN
Landlord and Tenant Civil Procedure Legal Aid Default Judgment Stay of Proceedings Legal Aid Application Rent Arrears Set Aside Judgment +1 more

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Parties

Plaintiff

Plaintiff

Fan Tak-hung

Defendant

Procedural Posture

Landlord and Tenant Rent Recovery / Appeal From Registrar's Order

Legal Issues

  1. 1 Whether the legal aid stay should have been uplifted
  2. 2 Whether the default judgment should be set aside
  3. 3 Quantum of rent in arrears

Ratio Decidendi

The Registrar correctly uplifted the legal aid stay because no valid memorandum for the second application had been filed and the first application had been refused; the defendant failed to demonstrate a real prospect of success on allegations of forgery or to produce evidence of loss or repair costs, therefore the default judgment would not be set aside but amended to reflect arrears from 1 January 2002; the defendant's appeal is dismissed.

Court Disposition

Appeal dismissed; Registrar's order upheld; default judgment amended to limit claim for arrears from 1 January 2002

Orders

  • Time for service of the Plaintiff's Summons dated 8 October 2002 abridged
  • Judgment dated 24 May 2002 amended as set out in draft attached to the Plaintiff's Summons