LDPE 936/2024

[2025] HKLdT 57

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

APPLICATION NO LDPE 936 OF 2024

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BETWEEN

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D E C I S I O N

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1. This is Italina (Holdings) Limited’s (“Respondent”) application dated 14 February 2025 to set aside the default judgment dated 7 August 2024 entered by HH J M Wong (“Default Judgment” and “Application”). The Applicant is represented by Mr Felix H Y Tang. The Respondent is represented by Mr Martin Ho and Mr Sik Chee Ching

Default Judgment

2. The Default Judgment provides that:

(1) The Respondent do deliver vacant possession of the suit premises known as Unit No.8, 11 ^th Floor (“Unit 1108”), Fu Hang Industrial Building (“Building”), No.1 Hok Yuen Street East, Kowloon to the Applicant.

(2) The Respondent do pay the Applicant arrears/ mesne profits at the rate of HK$28,000.00 per month from 1 April 2019 until delivery up of vacant possession of the suit premises.

(3) The Respondent do pay the Applicant management fees at the rate of HK$1,051.00 per month from 1 February 2020 until delivery up of vacant possession of the suit premises.

(4) The Respondent do pay the Applicant the costs of this Application which are summarily assessed at HK$3,200.00.

Respondent’s bases to set aside Default Judgment

3. The Respondent seeks to set aside the Default Judgment on the following bases:

(1) The Judgment was irregular as the Respondent did not have notice of the action at the time when the Judgment was entered.

(2) The Respondent has a meritorious defence.

(3) The Applicant was in breach of his duty of full and frank disclosure on the ex parte application for default judgement.

Evidence

4. The parties have filed and served the following affirmations:

(1) Respondent: 1 ^st Affirmation of Yau Siu Chan dated 13.2.2025 and 2 ^nd Affirmation of Yau Siu Chan dated 17.6.2025

(2) Applicant: Affirmation of Yau Ngai dated 19.5.2025.

Facts and procedural history

The parties and Unit 1108

5. The Respondent is a family company. It is owned and/or operated by the 7 siblings of the Yau family (“Siblings”). The only shareholders and directors of the Respondent are the Siblings. Their respective shareholding and directorship in the Respondent are as follows:

(1) Yau Ngai, the Applicant (34% shareholding and a director);

(2) Yau Tak (24% shareholding and a director);

(3) Yau Siu Chan, who filed 2 affirmations in support of the Application (12% shareholding and a director);

(4) Iao Sio Fai (11% shareholding and a director);

(5) Iao Sio Meng (8% shareholding and a director);

(6) Iao Sio Fan (6% shareholding and a director); and