BANK OF CHINA (HONG KONG) LTD v. SZE WANG AND ANOTHER

BANK OF CHINA (HONG KONG) LTD v. SZE WANG AND ANOTHER

The Master correctly amended the judgment under Order 20 r.11 because mesne profits were part of the plaintiff's pleaded claim; service of the notice was proper on the solicitors on record and at the 2nd defendant's last known address under the Rules; the 2nd defendant's long delay and participation in the assessment proceedings amounted to waiver of any complaint; therefore the appeal is dismissed.

Citation
BANK OF CHINA (HONG KONG) LTD v. SZE WANG AND ANOTHER
Parties
Plaintiff: Bank; 1st Defendant: 1st defendant; 2nd Defendant: 2nd defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 2005
Case Number
HCMP2825/2001
Procedural Posture
Order 88 Proceedings (possession and Damages) / Appeal to Court of First Instance (chambers) From Master's Decision
Outcome
Appeal dismissed
Legal Topics
Service of Documents, Amendment of Judgment (slip Rule), Mesne Profits, Setting Aside Orders, Delay and Waiver, Representation
Source Language
EN
Civil Procedure Property Law Mortgage Landlord and Tenant Costs Service of Documents Amendment of Judgment (slip Rule) Mesne Profits +3 more

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Parties

Bank

Plaintiff

1st defendant

1st Defendant

2nd defendant

2nd Defendant

Procedural Posture

Order 88 Proceedings (possession and Damages) / Appeal to Court of First Instance (chambers) From Master's Decision

Legal Issues

  1. 1 Whether notice of the adjourned hearing of 1 November 2002 was properly served
  2. 2 Whether the Master had power to amend the earlier judgment to award mesne profits under Order 20 r.11
  3. 3 Whether delay in applying to set aside the 1-11-02 Order disentitles the 2nd defendant to relief

Ratio Decidendi

The Master correctly amended the judgment under Order 20 r.11 because mesne profits were part of the plaintiff's pleaded claim; service of the notice was proper on the solicitors on record and at the 2nd defendant's last known address under the Rules; the 2nd defendant's long delay and participation in the assessment proceedings amounted to waiver of any complaint; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order nisi that the 2nd defendant pay the plaintiff the costs of the appeal, to be taxed if not agreed