DENG MINGHUI t/a TIANYE INDUSTRIAL (HONG KONG) CO v. CHAU SHUK LING ELAINE

DENG MINGHUI t/a TIANYE INDUSTRIAL (HONG KONG) CO v. CHAU SHUK LING ELAINE

Service by insertion at the defendant's last known Hong Kong address was valid and brought the proceedings to her attention; the default judgment was therefore regular; the defendant's pleaded defences (no cause of action, entitlement to commission, tax evasion and smuggling) were unsupported and lacked a real prospect of success; the defendant's unexplained delay and conduct weighed against relief; consequently the application to set aside the default judgment and vacate the charging order was dismissed.

Citation
DENG MINGHUI t/a TIANYE INDUSTRIAL (HONG KONG) CO v. CHAU SHUK LING ELAINE
Parties
Plaintiff (judgment Creditor): Mr Deng; Defendant (judgment Debtor): Ms Chau
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 August 2006
Case Number
HCA749/2005
Procedural Posture
Debt Recovery (breach of Contract) / Application to Set Aside Default Judgment and Vacate Charging Order (o 13 R 9)
Outcome
Summons to set aside default judgment and vacate charging order dismissed; default judgment and charging order upheld; costs awarded to plaintiff.
Legal Topics
Service of Process, Setting Aside Default Judgment, Charging Order, Jurisdictional Challenge, Illegality Defence, Evidence and Proof of Claim
Source Language
EN
Civil Procedure Contract Property Criminal Allegations Service of Process Setting Aside Default Judgment Charging Order Jurisdictional Challenge +2 more

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Parties

Mr Deng

Plaintiff (judgment Creditor)

Ms Chau

Defendant (judgment Debtor)

Procedural Posture

Debt Recovery (breach of Contract) / Application to Set Aside Default Judgment and Vacate Charging Order (o 13 R 9)

Legal Issues

  1. 1 Whether service by insertion at defendant's Hong Kong address was valid
  2. 2 Whether the default judgment was regular and should be set aside
  3. 3 Whether the statement of claim disclosed a cause of action

Ratio Decidendi

Service by insertion at the defendant's last known Hong Kong address was valid and brought the proceedings to her attention; the default judgment was therefore regular; the defendant's pleaded defences (no cause of action, entitlement to commission, tax evasion and smuggling) were unsupported and lacked a real prospect of success; the defendant's unexplained delay and conduct weighed against relief; consequently the application to set aside the default judgment and vacate the charging order was dismissed.

Court Disposition

Summons to set aside default judgment and vacate charging order dismissed; default judgment and charging order upheld; costs awarded to plaintiff.

Orders

  • Summons to set aside default judgment and vacate charging order dismissed.
  • Default judgment and charging order absolute remain in force.