ANTELOPE INTERNATIONAL LTD v. DINING PLUS LTD

ANTELOPE INTERNATIONAL LTD v. DINING PLUS LTD

The Default Judgment was set aside because the defendant has demonstrated material factual disputes that could well be established at trial and therefore a real prospect of success; the disputes require oral evidence and assessment of witness credibility and cannot properly be resolved on affidavit, and there are no...

Source-derived case information.

Citation
ANTELOPE INTERNATIONAL LTD v. DINING PLUS LTD
Parties
Plaintiff: ANTELOPE INTERNATIONAL LIMITED; Defendant: DINING PLUS LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 November 2016
Case Number
DCCJ1894/2016
Procedural Posture
Civil Action (debt for Services) / Application to Set Aside Default Judgment (interlocutory)
Outcome
Default judgment set aside; matter to proceed to trial.
Legal Topics
Setting Aside Default Judgment, Service of Process, Apparent/ostensible Authority, Performance and Breach, Costs and Case Management
Source Language
en
Civil Procedure Contract Agency Commercial Law Debt Recovery Setting Aside Default Judgment Service of Process Apparent/ostensible Authority +2 more

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Parties

ANTELOPE INTERNATIONAL LIMITED

Plaintiff

DINING PLUS LIMITED

Defendant

Procedural Posture

Civil Action (debt for Services) / Application to Set Aside Default Judgment (interlocutory)

Legal Issues

  1. 1 Whether the writ was validly served
  2. 2 Whether the Default Judgment was regular and should be set aside
  3. 3 Whether the defendant has a defence with a real prospect of success

Ratio Decidendi

The Default Judgment was set aside because the defendant has demonstrated material factual disputes that could well be established at trial and therefore a real prospect of success; the disputes require oral evidence and assessment of witness credibility and cannot properly be resolved on affidavit, and there are no other discretionary factors weighing against setting aside the judgment.

Court Disposition

Default judgment set aside; matter to proceed to trial.

Orders

  • Default Judgment set aside.
  • Plaintiff to have costs of the summons with certificate for counsel to be summarily assessed.