WONG CHI LEUNG v. JUBAULT BERTRAND ANTOINE

WONG CHI LEUNG v. JUBAULT BERTRAND ANTOINE

The respondent failed to demonstrate a meritorious defence with a real prospect of success and did not provide an adequate explanation for non‑attendance; the default possession order was regularly entered and should not be set aside; proposed counterclaims are not within the Tribunal's jurisdiction, therefore the application to set aside is dismissed and costs awarded to the applicant.

Citation
WONG CHI LEUNG v. JUBAULT BERTRAND ANTOINE
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
15 March 2016
Case Number
LDPE106/2016
Procedural Posture
Landlord and Tenant Recovery of Possession / Interlocutory Application to Set Aside Default Possession Order
Outcome
Interlocutory application to set aside dismissed; default possession order stands
Legal Topics
Possession Order, Default Judgment, Set Aside Application, Counterclaim Jurisdiction, Mesne Profits, Notice of Termination
Source Language
EN
Landlord and Tenant Property Civil Procedure Possession Order Default Judgment Set Aside Application Counterclaim Jurisdiction Mesne Profits +1 more

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Procedural Posture

Landlord and Tenant Recovery of Possession / Interlocutory Application to Set Aside Default Possession Order

Legal Issues

  1. 1 Whether the order for possession made in default should be set aside
  2. 2 Whether the respondent has a meritorious defence with a real prospect of success
  3. 3 Whether the Lands Tribunal has jurisdiction to entertain the respondent's proposed counterclaim

Ratio Decidendi

The respondent failed to demonstrate a meritorious defence with a real prospect of success and did not provide an adequate explanation for non‑attendance; the default possession order was regularly entered and should not be set aside; proposed counterclaims are not within the Tribunal's jurisdiction, therefore the application to set aside is dismissed and costs awarded to the applicant.

Court Disposition

Interlocutory application to set aside dismissed; default possession order stands

Orders

  • Interlocutory application dismissed
  • Order for possession made on 26 February 2016 stands: respondent to deliver vacant possession of the Premises to the applicant