CHINA LIGHT AND POWER COMPANY, LIMITED v. CHINA HARBOURS ENGINEERING COMPANY

CHINA LIGHT AND POWER COMPANY, LIMITED v. CHINA HARBOURS ENGINEERING COMPANY

The Master’s order was correct because the defendant's draft defence raised arguable issues on negligence and on whether the defendant was vicariously liable for the subcontractor's acts; those issues warranted setting aside the default judgment and allowing a defence to be filed.

Citation
CHINA LIGHT AND POWER COMPANY, LIMITED v. CHINA HARBOURS ENGINEERING COMPANY
Parties
Plaintiff/appellant: China Light and Power Company, Limited; Defendant/respondent: China Harbours Engineering Company
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 1985
Case Number
HCA1628/1985
Procedural Posture
Civil Negligence Appeal / Appeal From Master's Order Setting Aside Default Judgment; Judgment on Appeal Delivered
Outcome
Appeal dismissed; Master's order setting aside default judgment and granting Defendant leave to file a defence affirmed.
Legal Topics
Setting Aside Default Judgment, Pleadings and Arguable Defence, Liability for Subcontractors, Excavation Damage to Utilities
Source Language
EN
Tort Civil Procedure Vicarious Liability Negligence Setting Aside Default Judgment Pleadings and Arguable Defence Liability for Subcontractors Excavation Damage to Utilities

Case Brief

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Parties

China Light and Power Company, Limited

Plaintiff/appellant

China Harbours Engineering Company

Defendant/respondent

Procedural Posture

Civil Negligence Appeal / Appeal From Master's Order Setting Aside Default Judgment; Judgment on Appeal Delivered

Legal Issues

  1. 1 Whether the defendant's draft defence disclosed an arguable defence to negligence such that default judgment should be set aside
  2. 2 Whether the defendant could be held vicariously liable for damage caused by a subcontractor
  3. 3 Whether pleadings should be read as implying admissions of liability

Ratio Decidendi

The Master’s order was correct because the defendant's draft defence raised arguable issues on negligence and on whether the defendant was vicariously liable for the subcontractor's acts; those issues warranted setting aside the default judgment and allowing a defence to be filed.

Court Disposition

Appeal dismissed; Master's order setting aside default judgment and granting Defendant leave to file a defence affirmed.

Orders

  • Appeal dismissed with costs.
  • Affirmation of Master Hansen's order of 25 June 1985 setting aside the judgment obtained by the Plaintiff on 15 May 1985 and granting the Defendant leave to file a defence.