G.P. VICKERS AND CO LTD v. HUMANBO ENTERPRISES LTD

G.P. VICKERS AND CO LTD v. HUMANBO ENTERPRISES LTD

No automatic stay arises from issuing a summons for extension; judgment entered before the summons was heard was therefore regular; the clerk's affidavit did not establish a defence on the merits nor a "very sufficient reason" to set aside the judgment; application to set aside and to adjourn for further affidavit refused and defendant ordered to pay costs.

Citation
G.P. VICKERS AND CO LTD v. HUMANBO ENTERPRISES LTD
Parties
Plaintiff/respondent: G.P. Vickers & Company Limited; Defendant/appellant: Humanbo Enterprises Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 January 1984
Case Number
HCA12076/1983
Procedural Posture
Civil Debt/contract Claim for Overpayment Due to Alleged Short Delivery / Post Judgment Application to Set Aside Default Judgment (application Under O.13 R.9)
Outcome
Application to set aside default judgment refused; application for adjournment to file further affidavit refused; Defendant ordered to pay Plaintiff's costs to be taxed.
Legal Topics
Setting Aside Judgment, Default Judgment, Extension of Time, Stay of Proceedings, Affidavit of Merits
Source Language
EN
Civil Procedure Contract Debt Recovery Setting Aside Judgment Default Judgment Extension of Time Stay of Proceedings Affidavit of Merits

Case Brief

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Parties

G.P. Vickers & Company Limited

Plaintiff/respondent

Humanbo Enterprises Limited

Defendant/appellant

Procedural Posture

Civil Debt/contract Claim for Overpayment Due to Alleged Short Delivery / Post Judgment Application to Set Aside Default Judgment (application Under O.13 R.9)

Legal Issues

  1. 1 Whether the entry of final judgment was irregular because a summons for leave to file a defence out of time had been issued
  2. 2 Whether an application for extension of time operates as an automatic stay of proceedings
  3. 3 Whether the affidavit filed (by a clerk) constituted an affidavit on the merits sufficient under O.13 r.9

Ratio Decidendi

No automatic stay arises from issuing a summons for extension; judgment entered before the summons was heard was therefore regular; the clerk's affidavit did not establish a defence on the merits nor a "very sufficient reason" to set aside the judgment; application to set aside and to adjourn for further affidavit refused and defendant ordered to pay costs.

Court Disposition

Application to set aside default judgment refused; application for adjournment to file further affidavit refused; Defendant ordered to pay Plaintiff's costs to be taxed.

Orders

  • Application to set aside judgment refused
  • Application for adjournment to file further affidavit refused