Rosie Gaby v. Cheng Mei Lan

Rosie Gaby v. Cheng Mei Lan

The Tribunal dismissed the respondent's interlocutory application and refused further interim relief because the respondent failed to provide sufficient reasons to set aside the earlier possession order, had been given statutory/ordered grace which she did not honor, presented no arguable defence to the rent arrears claim, and her payments and explanations did not justify reopening the matter; interim rent paid was ordered released to the applicant and costs awarded to the applicant.

Citation
Rosie Gaby v. Cheng Mei Lan
Parties
Applicant (landlord): Rosie Gaby; Respondent (tenant): Cheng Mei Lan
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
26 August 2000
Case Number
LDPD1544/2000
Procedural Posture
Landlord and Tenant Possession for Rent Arrears / Interlocutory Application to Set Aside Possession Order and Application for Interim Stay
Outcome
Respondent's interlocutory application dismissed; ex‑parte summons dismissed; original possession order and writ upheld
Legal Topics
Writ of Possession, Interim Stay of Execution, Setting Aside Default Judgment, Costs and Taxation
Source Language
EN
Landlord and Tenant Civil Procedure Possession Writ of Possession Interim Stay of Execution Setting Aside Default Judgment Costs and Taxation

Case Brief

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Parties

Rosie Gaby

Applicant (landlord)

Cheng Mei Lan

Respondent (tenant)

Procedural Posture

Landlord and Tenant Possession for Rent Arrears / Interlocutory Application to Set Aside Possession Order and Application for Interim Stay

Legal Issues

  1. 1 Whether the possession order and writ should be set aside or stayed pending interlocutory application and appeal
  2. 2 Whether the respondent has provided sufficient reason to set aside the orders made on 21 August 2000
  3. 3 Whether interim stay should be granted conditional on payment of interim rent

Ratio Decidendi

The Tribunal dismissed the respondent's interlocutory application and refused further interim relief because the respondent failed to provide sufficient reasons to set aside the earlier possession order, had been given statutory/ordered grace which she did not honor, presented no arguable defence to the rent arrears claim, and her payments and explanations did not justify reopening the matter; interim rent paid was ordered released to the applicant and costs awarded to the applicant.

Court Disposition

Respondent's interlocutory application dismissed; ex‑parte summons dismissed; original possession order and writ upheld

Orders

  • Application by the Respondent dismissed
  • Interim rent of $11,500 paid into the Tribunal released to the Applicant forthwith