We act for the Respondent and have successfully appealed against a default judgment of the Lands Tribunal (the “Default Judgment”) and the order of the Lands Tribunal refusing to set aside the Default Judgment (the “Order”). In this case the Applicant obtained the Default Judgment in reliance of the alleged termination of a tenancy-at-will between the Applicant and the Respondent in 2018 but failed to mention about a notice to quit issued to the Respondent in 2008 upon applying for the Default Judgment. The earlier notice should have been pleaded upon application by the Applicant and the Lands Tribunal ought to have considered the said notice when granting the Default Judgment and dismissing the Respondent’s application to set aside the Default Judgment. On appeal, the Court of Appeal decided that the grant of the Default Judgment in the circumstances was an error of law and set aside the Default Judgment, the Order together with the writ of possession issued on the basis of the Default Judgment.

The case was handled by our associate solicitor Miss Koey Wong and our trainee solicitor Miss Shirley Yu under the supervision of our partner Mr Tommy Tam.