HUANG HANHUA v. LAM CHE KUEN

HUANG HANHUA v. LAM CHE KUEN

The court found the Applicant's account more credible, concluded the Respondent was aware of the accident and deliberately evaded service at the two addresses, held service and judgments were regular under the rules (including s14 Cap 282B), and determined the Respondent failed to demonstrate a real prospect of success; accordingly the set-aside summonses were dismissed.

Citation
[2022] HKDC 53
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 January 2022
Case Number
DCEC1684/2016
Procedural Posture
Employees Compensation Claim / Decision on Two Set Aside Summons to Set Aside Default Judgments
Outcome
Two Set-aside Summons dismissed
Legal Topics
Default Judgment, Setting Aside, Service, Evasion of Service, Credibility of Evidence
Source Language
EN
Employees Compensation Civil Procedure Service of Process Judgment Set Aside Default Judgment Setting Aside Service Evasion of Service +1 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Claim / Decision on Two Set Aside Summons to Set Aside Default Judgments

Legal Issues

  1. 1 whether the default and interlocutory judgments were irregular due to improper service
  2. 2 whether the respondent had knowledge of the accident and evaded service
  3. 3 whether the respondent has a real prospect of success to justify setting aside the judgments

Ratio Decidendi

The court found the Applicant's account more credible, concluded the Respondent was aware of the accident and deliberately evaded service at the two addresses, held service and judgments were regular under the rules (including s14 Cap 282B), and determined the Respondent failed to demonstrate a real prospect of success; accordingly the set-aside summonses were dismissed.

Court Disposition

Two Set-aside Summons dismissed

Orders

  • Dismiss the two Set-aside Summons
  • Costs awarded to the Applicant with certificate for counsel