ASIA CAPITAL ADVANCE (HONG KONG) LTD 對 CHAMPION IN LTD 及另五人

ASIA CAPITAL ADVANCE (HONG KONG) LTD 對 CHAMPION IN LTD 及另五人

Applying Order 2 r 5(1) factors and accepting the defendants' evidence that they were misled by their former solicitors' staff, noting the application was promptly made, the plaintiff's absence at the hearing and the similar outcome in a related matter, the court exercised its discretion to grant relief from the...

Source-derived case information.

Citation
[2022] HKDC 762
Parties
Plaintiff: ASIA CAPITAL ADVANCE (HONG KONG) LIMITED; First Defendant: CHAMPION IN LIMITED; Second Defendant: CHAN KA FAI; Third Defendant: CHAN KA PUI; Fourth Defendant: COOK WAI MING ADRAIN; Fifth Defendant: WONG WING YAN; Sixth Defendant: LAI KIN MING KENNY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 July 2022
Case Number
DCCJ4630/2017
Procedural Posture
Civil Appeal Against Interlocutory Order / Application for Relief From Sanction (interlocutory Hearing)
Outcome
Relief from sanction granted; default judgment set aside; costs awarded to plaintiff; further procedural directions given.
Legal Topics
Relief From Sanction, Failure to Comply With Court Order, Setting Aside Default Judgment, Costs Assessment, Solicitor Negligence
Source Language
ch
Civil Procedure Costs Sanctions Legal Professional Conduct Relief From Sanction Failure to Comply With Court Order Setting Aside Default Judgment Costs Assessment +1 more

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Parties

ASIA CAPITAL ADVANCE (HONG KONG) LIMITED

Plaintiff

CHAMPION IN LIMITED

First Defendant

CHAN KA FAI

Second Defendant

CHAN KA PUI

Third Defendant

COOK WAI MING ADRAIN

Fourth Defendant

WONG WING YAN

Fifth Defendant

LAI KIN MING KENNY

Sixth Defendant

Procedural Posture

Civil Appeal Against Interlocutory Order / Application for Relief From Sanction (interlocutory Hearing)

  1. 1 Whether relief from sanctions under District Court Rules Order 2 r 5(1) should be granted
  2. 2 Whether non‑compliance was deliberate or caused by the solicitors' or their staff's error
  3. 3 Whether the default judgment should be set aside

Ratio Decidendi

Applying Order 2 r 5(1) factors and accepting the defendants' evidence that they were misled by their former solicitors' staff, noting the application was promptly made, the plaintiff's absence at the hearing and the similar outcome in a related matter, the court exercised its discretion to grant relief from the sanction, set aside the default judgment dated 28 October 2020 and remit costs to be paid by the first and second defendants (to be assessed if not agreed).

Court Disposition

Relief from sanction granted; default judgment set aside; costs awarded to plaintiff; further procedural directions given.

Orders

  • Relief granted to the first and second defendants in respect of the consequences of non‑compliance with the unless order dated 8 September 2020.
  • The judgment dated 28 October 2020 made by the judicial officer is set aside.