任志偉(已故黎銀祝之遺產執行人) 對 陳錦昌

任志偉(已故黎銀祝之遺產執行人) 對 陳錦昌

Applicant, as estate administrator under granted Letters of Administration, had lawful authority to serve the termination notice; the tenancy was a monthly periodic tenancy requiring one month’s notice and the 8 May 2013 notice was valid; the respondent failed to show deliberate non‑service or a realistic prospect of defeating the original judgment so the default judgment would not be set aside; a limited stay of execution for one month was appropriate to mitigate hardship.

Citation
任志偉(已故黎銀祝之遺產執行人) 對 陳錦昌
Parties
Applicant; Executor of the Estate of the Late 黎銀祝: 任志偉; Respondent (tenant): 陳錦昌
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 August 2013
Case Number
LDPD1587/2013
Procedural Posture
Land Possession Application (ldpd 1587/2013) / Post‑judgment Non‑trial Application to Set Aside Judgment and Stay Execution
Outcome
Non‑trial application to set aside the 29 July 2013 judgment dismissed; limited stay of execution granted; permission to appeal refused.
Legal Topics
Possession Order, Termination of Tenancy, Notice to Quit, Setting Aside Default Judgment, Stay of Execution, Permission to Appeal
Source Language
CH
Landlord and Tenant Law Procedural Law Estate Administration Land Registration Possession Order Termination of Tenancy Notice to Quit Setting Aside Default Judgment +2 more

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Parties

任志偉

Applicant; Executor of the Estate of the Late 黎銀祝

陳錦昌

Respondent (tenant)

Procedural Posture

Land Possession Application (ldpd 1587/2013) / Post‑judgment Non‑trial Application to Set Aside Judgment and Stay Execution

Legal Issues

  1. 1 Whether the applicant as administrator had authority to terminate the tenancy and give notice to quit
  2. 2 Whether the notice to quit dated 8 May 2013 was valid for a monthly periodic tenancy
  3. 3 Whether the judgment of 29 July 2013 should be set aside for non‑appearance due to alleged non‑service of hearing notice

Ratio Decidendi

Applicant, as estate administrator under granted Letters of Administration, had lawful authority to serve the termination notice; the tenancy was a monthly periodic tenancy requiring one month’s notice and the 8 May 2013 notice was valid; the respondent failed to show deliberate non‑service or a realistic prospect of defeating the original judgment so the default judgment would not be set aside; a limited stay of execution for one month was appropriate to mitigate hardship.

Court Disposition

Non‑trial application to set aside the 29 July 2013 judgment dismissed; limited stay of execution granted; permission to appeal refused.

Orders

  • Approve respondent's non‑trial application of 16 August 2013 limited to a stay of execution of the possession order
  • Stay execution of the possession order until 23 September 2013