PANG WAI SHING v. THE CAPITA CORPORATION HONG KONG LTD.

PANG WAI SHING v. THE CAPITA CORPORATION HONG KONG LTD.

The appeal is allowed and the Master's judgment of 30 December 1998 is set aside because the Master lacked jurisdiction to give judgment under Order 84A r.3 where the 2nd Defendant had filed a defence; the matter was not within item (HK)(c) for transfer to the Court of Appeal.

Citation
PANG WAI SHING v. THE CAPITA CORPORATION HONG KONG LTD.
Parties
Plaintiff / Respondent: THE CAPITA CORPORATION HONG KONG LTD.; 1st Defendant: LAM KAM YIN; 2nd Defendant / Appellant: PANG WAI SHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 1999
Case Number
HCA9626/1998
Procedural Posture
Civil Appeal / Appeal From Master's Decision in Chambers
Outcome
Appeal allowed; judgment of Master dated 30 December 1998 set aside; costs awarded to appellant
Legal Topics
Order 84 a, Default Judgment, Jurisdiction of Master, Leave to Enter Judgment, Appealability Under O.58 R.2 (hk)
Source Language
EN
Civil Procedure Appeal Costs Order 84 a Default Judgment Jurisdiction of Master Leave to Enter Judgment Appealability Under O.58 R.2 (hk)

Case Brief

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Parties

THE CAPITA CORPORATION HONG KONG LTD.

Plaintiff / Respondent

LAM KAM YIN

1st Defendant

PANG WAI SHING

2nd Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From Master's Decision in Chambers

Legal Issues

  1. 1 Whether the Master had jurisdiction to give judgment against the 2nd Defendant under Order 84A r.3 when a defence had been filed
  2. 2 Whether the appeal should go to the Court of Appeal under item (HK)(c) of Order 58 r.2

Ratio Decidendi

The appeal is allowed and the Master's judgment of 30 December 1998 is set aside because the Master lacked jurisdiction to give judgment under Order 84A r.3 where the 2nd Defendant had filed a defence; the matter was not within item (HK)(c) for transfer to the Court of Appeal.

Court Disposition

Appeal allowed; judgment of Master dated 30 December 1998 set aside; costs awarded to appellant

Orders

  • Appeal allowed
  • Set aside the Master's judgment dated 30 December 1998 giving leave to enter judgment against the 2nd Defendant