NG CHUN SANG also known as NG CHUN SUNG AND ANOTHER v. PERSONS IN OCCUPATION OF LOT NO. 544 AND THE REMAINING PORTION OF LOT NO. 539 BOTH IN DEMARCATION DISTRICT NO. 77 AND ANOTHER

NG CHUN SANG also known as NG CHUN SUNG AND ANOTHER v. PERSONS IN OCCUPATION OF LOT NO. 544 AND THE REMAINING PORTION OF LOT NO. 539 BOTH IN DEMARCATION DISTRICT NO. 77 AND ANOTHER

Service was ineffective because mail sent to the address given by the 2nd defendant was returned as incomplete/non-existent and the plaintiffs had or could have used an alternative known address (Fanling), therefore the earlier summary judgment was irregular and set aside; the plaintiffs' proposed appeal has no reasonable prospect of success and leave to appeal is refused; the variation of the costs order nisi is refused and costs follow the event in favour of the 2nd defendant.

Citation
[2021] HKDC 1274
Parties
1st Plaintiff: NG CHUN SANG aka NG CHUN SUNG (吳春生); 2nd Plaintiff: NG MA SANG (吳馬生); 1st Defendant: Persons in occupation of Lot No. 544 and The Remaining Portion Of Lot No. 539 both in Demarcation District No. 77; 2nd Defendant: WANG HUIXIU SANDY (王惠秀)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 October 2021
Case Number
DCCJ3463/2018
Procedural Posture
Civil Action Land/possession; Summary Judgment and Strike Out Applications / Post Judgment Applications: Leave to Appeal and Variation of Costs Determined on Paper
Outcome
Leave to appeal dismissed; Variation Summons dismissed; costs awarded to 2nd defendant
Legal Topics
Service of Process, Summary Judgment, Setting Aside Irregular Judgment, Leave to Appeal, Adverse Possession, Variation of Costs
Source Language
EN
Civil Procedure Property/land Law Costs Service of Process Summary Judgment Setting Aside Irregular Judgment Leave to Appeal Adverse Possession +1 more

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Parties

NG CHUN SANG aka NG CHUN SUNG (吳春生)

1st Plaintiff

NG MA SANG (吳馬生)

2nd Plaintiff

Persons in occupation of Lot No. 544 and The Remaining Portion Of Lot No. 539 both in Demarcation District No. 77

1st Defendant

WANG HUIXIU SANDY (王惠秀)

2nd Defendant

Procedural Posture

Civil Action Land/possession; Summary Judgment and Strike Out Applications / Post Judgment Applications: Leave to Appeal and Variation of Costs Determined on Paper

Legal Issues

  1. 1 Whether service of summonses and supporting affirmations on the 2nd defendant was effective
  2. 2 Whether an address previously given but apparently non-existent constitutes a valid address for ordinary service
  3. 3 Whether O.65 r.9 RDC applies where no proper address for service is available

Ratio Decidendi

Service was ineffective because mail sent to the address given by the 2nd defendant was returned as incomplete/non-existent and the plaintiffs had or could have used an alternative known address (Fanling), therefore the earlier summary judgment was irregular and set aside; the plaintiffs' proposed appeal has no reasonable prospect of success and leave to appeal is refused; the variation of the costs order nisi is refused and costs follow the event in favour of the 2nd defendant.

Court Disposition

Leave to appeal dismissed; Variation Summons dismissed; costs awarded to 2nd defendant

Orders

  • Leave Summons dated 30 April 2021 dismissed
  • Variation Summons dated 22 April 2021 dismissed