LUI WING CHUNG v. WONG WAI TAK

LUI WING CHUNG v. WONG WAI TAK

Although service and the entry of default judgment were regular, the court exercised its discretion to set aside the judgment on liability and assessment to allow the matters to be tried because the respondent's defence could not be finally resolved without trial; the order to set aside was conditional on the respondent paying HKD 200,000 into court within 21 days and the respondent bearing the applicant's costs (including wasted costs) from 27 February 2009 payable forthwith, to be taxed if not agreed.

Citation
LUI WING CHUNG v. WONG WAI TAK
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 January 2011
Case Number
DCEC363/2008
Procedural Posture
Employees Compensation Ordinance Claim (district Court) / Application to Set Aside Default Judgment and Assessment of Compensation
Outcome
Default judgment on liability and assessment of compensation set aside on conditions; respondent ordered to pay security and costs.
Legal Topics
Service of Process, Substitute Service by Advertisement, Default Judgment, Setting Aside Judgment, Delay and Laches, Wasted Costs, Costs Taxation, Credibility
Source Language
EN
Civil Procedure Employment (workers' Compensation) Personal Injury Service of Process Substitute Service by Advertisement Default Judgment Setting Aside Judgment Delay and Laches +3 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Ordinance Claim (district Court) / Application to Set Aside Default Judgment and Assessment of Compensation

Legal Issues

  1. 1 Whether the default judgment and subsequent assessment should be set aside
  2. 2 Whether service effected via last known address and substitute service by advertisement was valid
  3. 3 Whether the respondent's delay in applying to set aside defeats the application

Ratio Decidendi

Although service and the entry of default judgment were regular, the court exercised its discretion to set aside the judgment on liability and assessment to allow the matters to be tried because the respondent's defence could not be finally resolved without trial; the order to set aside was conditional on the respondent paying HKD 200,000 into court within 21 days and the respondent bearing the applicant's costs (including wasted costs) from 27 February 2009 payable forthwith, to be taxed if not agreed.

Court Disposition

Default judgment on liability and assessment of compensation set aside on conditions; respondent ordered to pay security and costs.

Orders

  • Default judgment on liability dated 27 February 2009 and assessment dated 5 August 2009 set aside
  • Respondent to pay HKD 200,000 into court within 21 days from date of decision