LEUNG TAT KIN, ANTHONY AND ANOTHER v. WONG TING WAI AND OTHERS

LEUNG TAT KIN, ANTHONY AND ANOTHER v. WONG TING WAI AND OTHERS

The Summons was dismissed because the applicant failed to provide a credible and timely explanation for total non-participation, the proposed defence lacked real prospects of success and was supported by late and unconvincing evidence, setting aside would cause prejudice and reopen concluded factual findings, and public interest favoured finality.

Citation
[2019] HKDC 1486
Parties
1st Plaintiff: LEUNG TAT KIN, ANTHONY; 2nd Plaintiff: MANKINS PROPERTIES LIMITED; 1st Defendant: WONG TING WAI; 2nd Defendant: YEUNG WAI MING; 3rd Defendant: GUO GUANSHUI; 4th Defendant: ZHENG HEJIE; 5th Defendant: WONG WAI BOR TRADING; (discontinued): AS ENGLAND MOTORS CO; 6th Defendant: CHAN KWOK HO; 7th Defendant (discontinued): NGAI MAU SUM; 8th Defendant: NEW CENTURY SUCCEED INTERNATIONAL HOLDING LIMITED; 9th Defendant: SAA CORPORATE SERVICES LIMITED; 10th Defendant: LI WAI MAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 November 2019
Case Number
DCCJ4234/2015
Procedural Posture
Civil Action for Recovery of Company Shares and Equitable Relief / Post Trial Application to Set Aside Judgment Under O.35 R.2 (originally Issued as O.19 R.9)
Outcome
Summons dismissed; judgment entered at trial remains in force; application to set aside denied
Legal Topics
Setting Aside Judgment, Unlawful Means Conspiracy, Nominee/trustee Issues, Forgery Allegations, Bona Fide Purchaser, Finality of Litigation, Costs
Source Language
EN
Civil Procedure Company Law Equity Tort Setting Aside Judgment Unlawful Means Conspiracy Nominee/trustee Issues Forgery Allegations +3 more

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Parties

LEUNG TAT KIN, ANTHONY

1st Plaintiff

MANKINS PROPERTIES LIMITED

2nd Plaintiff

WONG TING WAI

1st Defendant

YEUNG WAI MING

2nd Defendant

GUO GUANSHUI

3rd Defendant

ZHENG HEJIE

4th Defendant

WONG WAI BOR TRADING

5th Defendant

AS ENGLAND MOTORS CO

(discontinued)

CHAN KWOK HO

6th Defendant

NGAI MAU SUM

7th Defendant (discontinued)

NEW CENTURY SUCCEED INTERNATIONAL HOLDING LIMITED

8th Defendant

SAA CORPORATE SERVICES LIMITED

9th Defendant

LI WAI MAN

10th Defendant

Procedural Posture

Civil Action for Recovery of Company Shares and Equitable Relief / Post Trial Application to Set Aside Judgment Under O.35 R.2 (originally Issued as O.19 R.9)

Legal Issues

  1. 1 Whether the judgment should be set aside for non-participation under O.35 r.2
  2. 2 Whether applicant provided satisfactory explanation for absence at trial
  3. 3 Whether the applicant's proposed defence has real prospects of success

Ratio Decidendi

The Summons was dismissed because the applicant failed to provide a credible and timely explanation for total non-participation, the proposed defence lacked real prospects of success and was supported by late and unconvincing evidence, setting aside would cause prejudice and reopen concluded factual findings, and public interest favoured finality.

Court Disposition

Summons dismissed; judgment entered at trial remains in force; application to set aside denied

Orders

  • Summons dated 24 July 2019 dismissed
  • Costs to follow the event: order nisi that the 6th defendant (Mr Chan) pay the plaintiffs costs of and incidental to this application with certificate for counsel