C. Law Holdings Ltd. et al. v. Chiu

C. Law Holdings Ltd. et al. v. Chiu

The fresh evidence was admissible and sufficiently undermined the basis for the default judgment; accordingly the default judgment must be set aside, but only upon terms that the respondents' claim be secured by a mortgage on the defendant's interest or by a bond, and the order setting aside the judgment is not to be entered until such security is perfected; costs are to be reserved to the trial judge (or a chambers judge).

Citation
1999 BCCA 153
Parties
Plaintiff (respondent): C. Law Holdings Ltd.; Plaintiff (respondent): CHJ Developments Ltd.; Defendant (appellant): Joseph Chiu
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
23 February 1999
Procedural Posture
Civil Appeal / Oral Reasons for Judgment on Application to Set Aside Default Judgment
Outcome
Appeal allowed in part; default judgment set aside on specified terms.
Legal Topics
Setting Aside Default Judgment, Fresh Evidence, Security for Judgment, Reservation of Costs
Source Language
English
Civil Procedure Property Enforcement Costs Setting Aside Default Judgment Fresh Evidence Security for Judgment Reservation of Costs

Case Brief

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Parties

C. Law Holdings Ltd.

Plaintiff (respondent)

CHJ Developments Ltd.

Plaintiff (respondent)

Joseph Chiu

Defendant (appellant)

Procedural Posture

Civil Appeal / Oral Reasons for Judgment on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether fresh evidence should be received on the application to set aside a default judgment
  2. 2 Whether the default judgment should be set aside
  3. 3 What security, if any, should be required before the setting aside is effective

Ratio Decidendi

The fresh evidence was admissible and sufficiently undermined the basis for the default judgment; accordingly the default judgment must be set aside, but only upon terms that the respondents' claim be secured by a mortgage on the defendant's interest or by a bond, and the order setting aside the judgment is not to be entered until such security is perfected; costs are to be reserved to the trial judge (or a chambers judge).

Court Disposition

Appeal allowed in part; default judgment set aside on specified terms.

Orders

  • Default judgment set aside.
  • Set aside granted only on terms that the plaintiffs' claim in the amount of the former default judgment be secured by either a mortgage on the defendant's interest in the property or by a bond as counsel may agree.