SUN CRYSTAL LTD v. THE INCORPORATED OWNERS OF FENG FONG BUILDING AND ANOTHER

SUN CRYSTAL LTD v. THE INCORPORATED OWNERS OF FENG FONG BUILDING AND ANOTHER

The Default Judgment was regular because the NOA and Written Request were properly served by ordinary post and insertion into the letter box in accordance with the Lands Tribunal Rules and the affirmation of service complied with Form 30; the 2nd respondent failed to prove non‑receipt and failed to show a meritorious defence with a real prospect of success; accordingly the application to set aside the Default Judgment was dismissed and no stay of execution was granted.

Citation
SUN CRYSTAL LTD v. THE INCORPORATED OWNERS OF FENG FONG BUILDING AND ANOTHER
Parties
Applicant: Sun Crystal Limited; 1st Respondent: The Incorporated Owners of Feng Fong Building; 2nd Respondent: Luk Wai Leung Sunny
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
3 June 2016
Case Number
LDBM184/2015
Procedural Posture
Building Management Application (ldbm 184/2015) / Application to Set Aside Default Judgment (interlocutory Hearing and Decision)
Outcome
Application to set aside the Default Judgment dismissed; Default Judgment upheld; no stay of execution granted.
Legal Topics
Setting Aside Default Judgment, Service by Ordinary Post, Service of Written Request to Convene Owners Meeting, Meritorious Defence, Costs
Source Language
EN
Building Management Civil Procedure Property/land Law Tribunal Procedure Setting Aside Default Judgment Service by Ordinary Post Service of Written Request to Convene Owners Meeting Meritorious Defence +1 more

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Parties

Sun Crystal Limited

Applicant

The Incorporated Owners of Feng Fong Building

1st Respondent

Luk Wai Leung Sunny

2nd Respondent

Procedural Posture

Building Management Application (ldbm 184/2015) / Application to Set Aside Default Judgment (interlocutory Hearing and Decision)

Legal Issues

  1. 1 Whether the default judgment was irregular due to alleged non‑service of the notice of application and written request
  2. 2 Whether service by ordinary post and affirmation of service under the Lands Tribunal Rules constituted valid service
  3. 3 Whether the 2nd respondent discharged the burden to prove non‑receipt and established a meritorious defence

Ratio Decidendi

The Default Judgment was regular because the NOA and Written Request were properly served by ordinary post and insertion into the letter box in accordance with the Lands Tribunal Rules and the affirmation of service complied with Form 30; the 2nd respondent failed to prove non‑receipt and failed to show a meritorious defence with a real prospect of success; accordingly the application to set aside the Default Judgment was dismissed and no stay of execution was granted.

Court Disposition

Application to set aside the Default Judgment dismissed; Default Judgment upheld; no stay of execution granted.

Orders

  • Application by 2nd respondent to set aside Default Judgment dismissed
  • Default Judgment upheld and not set aside