BRILLIANT CATERING MANAGEMENT LTD v. GLAD SUCCESS INDUSTRIES LTD AND ANOTHER

BRILLIANT CATERING MANAGEMENT LTD v. GLAD SUCCESS INDUSTRIES LTD AND ANOTHER

Judgment was set aside because the plaintiff failed to produce satisfactory proof of service by registered post and the defendants raised sufficient triable issues — namely that the assignment and leaseback constituted an unlicensed loan thereby providing a good defence — such that the default judgment should not...

Source-derived case information.

Citation
BRILLIANT CATERING MANAGEMENT LTD v. GLAD SUCCESS INDUSTRIES LTD AND ANOTHER
Parties
Plaintiff: Brilliant Catering Management Limited; 1st Defendant: Glad Success Industries Limited; 2nd Defendant: Oliveira Claire
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 June 2008
Case Number
DCCJ4098/2007
Procedural Posture
Civil – Possession and Recovery of Rental/mesne Profits Under Tenancy and Related Contractual/property Dispute / Hearing on Summons to Set Aside Default Judgment (application to Set Aside Judgment Entered in Default)
Outcome
Default judgment entered on 29 October 2007 is set aside.
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Assignment and Leaseback, Unlicensed Moneylending, Possession, Mesne Profits, Costs
Source Language
en
Civil Procedure Property Law Contract Law Moneylending Law Default Judgment Service of Process Setting Aside Judgment Assignment and Leaseback +4 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 6
Sign in to unlock

Parties

Brilliant Catering Management Limited

Plaintiff

Glad Success Industries Limited

1st Defendant

Oliveira Claire

2nd Defendant

Procedural Posture

Civil – Possession and Recovery of Rental/mesne Profits Under Tenancy and Related Contractual/property Dispute / Hearing on Summons to Set Aside Default Judgment (application to Set Aside Judgment Entered in Default)

Legal Issues

  1. 1 Whether the default judgment entered in absence of acknowledgment of service should be set aside
  2. 2 Whether service by registered post was properly proved in accordance with Order 10(2)(a)
  3. 3 Whether the defendants have a prima facie defence alleging the assignment and leaseback were a vehicle for unlicensed moneylending

Ratio Decidendi

Judgment was set aside because the plaintiff failed to produce satisfactory proof of service by registered post and the defendants raised sufficient triable issues — namely that the assignment and leaseback constituted an unlicensed loan thereby providing a good defence — such that the default judgment should not stand.

Court Disposition

Default judgment entered on 29 October 2007 is set aside.

Orders

  • Judgment set aside
  • Costs of the application to be borne by the defendants