CHAN KWAI HUNG v. FU LAM SANG

CHAN KWAI HUNG v. FU LAM SANG

Leave to appeal out of time granted for excusable one‑day delay; appeal allowed on merits because defendant presented an explanation (forgery allegation, inability to read English, reliance on third party) which, if true, would be a complete answer to the claim and justified granting liberty to defend; originating summons converted to writ to allow full hearing; execution set aside and costs allocated accordingly.

Citation
CHAN KWAI HUNG v. FU LAM SANG
Parties
Plaintiff/respondent: CHAN KWAI HUNG; Defendant/appellant: FU LAM SANG alias FU YIU CHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 1984
Case Number
HCMP2638/1983
Procedural Posture
Possession Under Deed of Mortgage / Appeal Against Master's Interlocutory Judgment; Leave to Defend Granted
Outcome
Appeal allowed; defendant granted leave to defend; originating summons treated as writ; execution set aside; costs allocated as ordered.
Legal Topics
Setting Aside Default Judgment, Service and Proof of Service, Leave to Defend, Costs Allocation, Allegation of Forgery, Conversion of Originating Summons to Writ
Source Language
EN
Civil Property Mortgage Procedural Law Setting Aside Default Judgment Service and Proof of Service Leave to Defend Costs Allocation +2 more

Case Brief

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Parties

CHAN KWAI HUNG

Plaintiff/respondent

FU LAM SANG alias FU YIU CHUNG

Defendant/appellant

Procedural Posture

Possession Under Deed of Mortgage / Appeal Against Master's Interlocutory Judgment; Leave to Defend Granted

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether judgment entered in defendant's absence should be set aside and defendant allowed to defend
  3. 3 Whether originating summons should be treated as writ for trial purposes

Ratio Decidendi

Leave to appeal out of time granted for excusable one‑day delay; appeal allowed on merits because defendant presented an explanation (forgery allegation, inability to read English, reliance on third party) which, if true, would be a complete answer to the claim and justified granting liberty to defend; originating summons converted to writ to allow full hearing; execution set aside and costs allocated accordingly.

Court Disposition

Appeal allowed; defendant granted leave to defend; originating summons treated as writ; execution set aside; costs allocated as ordered.

Orders

  • Leave to appeal out of time granted
  • Appeal allowed and defendant given liberty to defend