28 Aug 2025
CHU SYMON HIN WING and CHU YUM HONG as the surviving managers of CHU NAM YUN (OR YUEN) suing on behalf of all members of CHU NAM YUN (OR YUEN) v. OCCUPIER(S) OF THE PREMISES AND OTHERS
- Citation
- [2025] HKDC 1437
- Court
- District Court
- Case number
- DCMP3068/2019
The court held that Applicants' affirmations provided prima facie evidence of occupation sufficient for joinder under O.113 r.5, but service of the Originating Summons and affirmation was irregular due to irreconcilable contradictions in the process-server's affidavits; accordingly the Possession Order and Writ were set aside as of right. P's Evidence Summons was dismissed as academic; A's Evidence Summons was dismissed for inordinate, inexcusable delay and failure to satisfy the first Ladd v Marshall limb. Costs allocated with specific apportionment between parties.