CCM EARTH LTD AND OTHERS v. ALFA GCM LTD

CCM EARTH LTD AND OTHERS v. ALFA GCM LTD

The default judgment is set aside conditional on payment into court of HK$1,000,000 because the defendant has shown a realistic prospect of successfully defending the claim on matters of oral credit, inducement and fraud which require trial, while the defendant's unexplained delay and participation in the Order 37 assessment justify imposing a payment-in condition.

Citation
[2018] HKCFI 85
Parties
1st Plaintiff: CCM Earth limited; 2nd Plaintiff: total planning limited; 3rd Plaintiff: amazing fair limited; 4th Plaintiff: sakoh takao; Defendant: ALFA GCM LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2018
Case Number
HCA1210/2016
Procedural Posture
Application to Set Aside Interlocutory Default Judgment / Interlocutory Application (chambers Hearing)
Outcome
Interlocutory judgment set aside upon defendant paying HK$1,000,000 into court within 28 days; if payment not made the interlocutory judgment shall stand; costs awarded to plaintiffs as ordered.
Legal Topics
Setting Aside Default Judgment, Misrepresentation (s.3 Cap.284), Deceit/fraud, Inducement/reliance, Payment Into Court as Condition, Order 37 Assessment of Damages, Election
Source Language
EN
Civil Procedure Contract Law Tort Deceit Statutory Misrepresentation Civil Costs Setting Aside Default Judgment Misrepresentation (s.3 Cap.284) Deceit/fraud +4 more

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Parties

CCM Earth limited

1st Plaintiff

total planning limited

2nd Plaintiff

amazing fair limited

3rd Plaintiff

sakoh takao

4th Plaintiff

ALFA GCM LIMITED

Defendant

Procedural Posture

Application to Set Aside Interlocutory Default Judgment / Interlocutory Application (chambers Hearing)

Legal Issues

  1. 1 Whether the interlocutory default judgment should be set aside
  2. 2 Whether the defendant demonstrates a real prospect of success in defence
  3. 3 Applicability of section 3 Misrepresentation Ordinance

Ratio Decidendi

The default judgment is set aside conditional on payment into court of HK$1,000,000 because the defendant has shown a realistic prospect of successfully defending the claim on matters of oral credit, inducement and fraud which require trial, while the defendant's unexplained delay and participation in the Order 37 assessment justify imposing a payment-in condition.

Court Disposition

Interlocutory judgment set aside upon defendant paying HK$1,000,000 into court within 28 days; if payment not made the interlocutory judgment shall stand; costs awarded to plaintiffs as ordered.

Orders

  • Upon the defendant making payment into court of the sum of HK$1,000,000.00 within 28 days from today, the interlocutory judgment entered herein on 20 September 2016 be set aside
  • If the defendant defaults in complying with paragraph (1) above, the said interlocutory judgment do stand