CHI YUM BUDDHIST HALL ASSOCIATION LTD v. YU LIK WAI WILLIAM AND OTHERS

CHI YUM BUDDHIST HALL ASSOCIATION LTD v. YU LIK WAI WILLIAM AND OTHERS

Applications dismissed because Named Defendants, despite notice, disregarded opportunity to participate at trial and their explanations for absence were inconsistent and unconvincing; they failed to seek practicable alternatives such as VCF, delayed unreasonably in applying to set aside, and did not demonstrate real prospects of success; these factors collectively justified refusal to set aside judgment and refusal of leave to appeal/stay.

Citation
[2022] HKDC 1169
Parties
Plaintiff (by Original Action) / 1st Defendant (by Counterclaim): CHI YUM BUDDHIST HALL ASSOCIATION LIMITED（慈蔭佛堂有限公司）; 1st Defendant (by Original Action) / 1st Plaintiff (by Counterclaim): YU LIK WAI WILLIAM（余力維）; 2nd Defendant (by Original Action) / 2nd Plaintiff (by Counterclaim): KONG HAI NAN ELIZABETH（江凱嵐） formerly known as KONG SUK YEE ELIZABETH（江淑儀）; 3rd Defendant (by Original Action): UNKNOWN PERSONS ENTERING OR REMAINING WITHOUT THE CONSENT OF THE PLAINTIFF AT THE RELEVANT PROPERTY; 4th Defendant (by Original Action) / 3rd Plaintiff (by Counterclaim): SHUN YU REAL ESTATE DEVELOPMENT LIMITED; 2nd Defendant (by Counterclaim): LAU PIK KWAN ECHO; 3rd Defendant (by Counterclaim): TSANG YUK PIU
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2022
Case Number
DCCJ642/2019
Procedural Posture
Civil Action / Post‑judgment Applications to Set Aside Judgment and for Leave to Appeal; Application for Stay Pending Appeal
Outcome
The 1st and 2nd Applications are dismissed.
Legal Topics
Setting Aside Judgment, Retrial, Leave to Appeal, Stay of Judgment, Absence at Trial, Video Conferencing (vcf), Delay, Litigant in Person Conduct
Source Language
EN
Civil Procedure Property (possession) Civil Appeals Costs Setting Aside Judgment Retrial Leave to Appeal Stay of Judgment +4 more

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Parties

CHI YUM BUDDHIST HALL ASSOCIATION LIMITED（慈蔭佛堂有限公司）

Plaintiff (by Original Action) / 1st Defendant (by Counterclaim)

YU LIK WAI WILLIAM（余力維）

1st Defendant (by Original Action) / 1st Plaintiff (by Counterclaim)

KONG HAI NAN ELIZABETH（江凱嵐） formerly known as KONG SUK YEE ELIZABETH（江淑儀）

2nd Defendant (by Original Action) / 2nd Plaintiff (by Counterclaim)

UNKNOWN PERSONS ENTERING OR REMAINING WITHOUT THE CONSENT OF THE PLAINTIFF AT THE RELEVANT PROPERTY

3rd Defendant (by Original Action)

SHUN YU REAL ESTATE DEVELOPMENT LIMITED

4th Defendant (by Original Action) / 3rd Plaintiff (by Counterclaim)

LAU PIK KWAN ECHO

2nd Defendant (by Counterclaim)

TSANG YUK PIU

3rd Defendant (by Counterclaim)

Procedural Posture

Civil Action / Post‑judgment Applications to Set Aside Judgment and for Leave to Appeal; Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the judgment should be set aside/retrial ordered because defendants were absent
  2. 2 Whether defendants had acceptable explanation for absence (COVID‑19/MCO/overstay risk)
  3. 3 Whether defendants delayed unreasonably in applying to set aside

Ratio Decidendi

Applications dismissed because Named Defendants, despite notice, disregarded opportunity to participate at trial and their explanations for absence were inconsistent and unconvincing; they failed to seek practicable alternatives such as VCF, delayed unreasonably in applying to set aside, and did not demonstrate real prospects of success; these factors collectively justified refusal to set aside judgment and refusal of leave to appeal/stay.

Court Disposition

The 1st and 2nd Applications are dismissed.

Orders

  • 1st and 2nd Applications dismissed.
  • On a nisi basis, the Named Defendants are to pay the plaintiff the costs of and occasioned by the 1st Application on an indemnity basis.