SIU KAI MING v. DOWD-BRETT MAUREEN P

SIU KAI MING v. DOWD-BRETT MAUREEN P

The notices and service were proven so the default judgment was regular; the defendant had no legally enforceable right of possession because the purchaser's right to possession only arises upon payment of the price and any licence was personal, likely terminated and could only give rise to damages; an unregistered memorandum cannot defeat the registered assignment under the Land Registration Ordinance; therefore no meritorious defence was shown and the application to set aside the default judgment is dismissed.

Citation
SIU KAI MING v. DOWD-BRETT MAUREEN P
Parties
Plaintiff: SIU KAI MING; Defendant: DOWD-BRETT MAUREEN P
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 November 2006
Case Number
DCCJ383/2006
Procedural Posture
Civil Action Possession / Application to Set Aside Default Judgment (summons Pursuant to O.13 R.9, O.19 R.9 and O.3 R.5)
Outcome
Application dismissed
Legal Topics
Default Judgment, Service of Process, Licence Vs Proprietary Right, Priority of Registered Instruments, Setting Aside Judgment, Meritorious Defence
Source Language
EN
Property Civil Procedure Land Registration Possession Default Judgment Service of Process Licence Vs Proprietary Right Priority of Registered Instruments +2 more

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Parties

SIU KAI MING

Plaintiff

DOWD-BRETT MAUREEN P

Defendant

Procedural Posture

Civil Action Possession / Application to Set Aside Default Judgment (summons Pursuant to O.13 R.9, O.19 R.9 and O.3 R.5)

Legal Issues

  1. 1 Whether the default judgment was regular
  2. 2 Whether service of process was effective
  3. 3 Whether the defendant has a meritorious defence entitling her to possession

Ratio Decidendi

The notices and service were proven so the default judgment was regular; the defendant had no legally enforceable right of possession because the purchaser's right to possession only arises upon payment of the price and any licence was personal, likely terminated and could only give rise to damages; an unregistered memorandum cannot defeat the registered assignment under the Land Registration Ordinance; therefore no meritorious defence was shown and the application to set aside the default judgment is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Costs to the plaintiff, with certificate for counsel, to be taxed if not agreed.