ARTS ENTERPRISE LTD v. CHING SAU LING SONNY AND ANOTHER

ARTS ENTERPRISE LTD v. CHING SAU LING SONNY AND ANOTHER

Substituted service was valid because the defendant had represented a Shatin address in public company records and reasonable steps were taken; the defendant failed to show a meritorious defence with a real prospect of success because her evidence was not credible and there was no proof that the estate agent was the...

Source-derived case information.

Citation
ARTS ENTERPRISE LTD v. CHING SAU LING SONNY AND ANOTHER
Parties
Plaintiff: ARTS ENTERPRISE LTD; 1st Defendant: CHING SAU LING SONNY; 2nd Defendant: TANG LAI CHING; Garnishee: SHANGHAI COMMERCIAL BANK LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 October 2005
Case Number
DCCJ588/2004
Procedural Posture
Civil Action for Recovery of Value of Dishonoured Cheques and Enforcement of Sale/purchase Deposit / Summons to Set Aside Default Judgment (application to Set Aside Judgment)
Outcome
Summons dismissed; default judgment upheld.
Legal Topics
Substituted Service, Default Judgment, Meritorious Defence, Agency, Forfeiture of Deposit, Dishonoured Cheques
Source Language
en
Contract Civil Procedure Property Law Negotiable Instruments Substituted Service Default Judgment Meritorious Defence Agency +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

ARTS ENTERPRISE LTD

Plaintiff

CHING SAU LING SONNY

1st Defendant

TANG LAI CHING

2nd Defendant

SHANGHAI COMMERCIAL BANK LTD

Garnishee

Procedural Posture

Civil Action for Recovery of Value of Dishonoured Cheques and Enforcement of Sale/purchase Deposit / Summons to Set Aside Default Judgment (application to Set Aside Judgment)

Legal Issues

  1. 1 Whether substituted service was valid and judgment regular
  2. 2 Whether the 2nd defendant has a meritorious defence with a real prospect of success
  3. 3 Whether an agent's oral assurances created a condition precedent binding on the vendor

Ratio Decidendi

Substituted service was valid because the defendant had represented a Shatin address in public company records and reasonable steps were taken; the defendant failed to show a meritorious defence with a real prospect of success because her evidence was not credible and there was no proof that the estate agent was the vendor's agent for the alleged oral assurances, therefore the default judgment remains valid and the summons to set it aside is dismissed.

Court Disposition

Summons dismissed; default judgment upheld.

Orders

  • Summons to set aside judgment dismissed
  • Costs awarded to the plaintiff