CHAN SEEN MAN 對 GUO HONG WEI and LIU DANHONG t/a JIANG YIP SOIL FORCE ENGINEERING CO (a firm) 及另一人

CHAN SEEN MAN 對 GUO HONG WEI and LIU DANHONG t/a JIANG YIP SOIL FORCE ENGINEERING CO (a firm) 及另一人

The application to set aside the default judgment failed because the applicant provided inadequate evidence to justify his absence, admitted he had no real prospect of success on the pleaded claim, and the application was brought late; accordingly the court dismissed the set-aside application and ordered the applicant to pay the respondents' costs.

Citation
CHAN SEEN MAN 對 GUO HONG WEI and LIU DANHONG t/a JIANG YIP SOIL FORCE ENGINEERING CO (a firm) 及另一人
Parties
Plaintiff: CHAN SEEN MAN; First Defendant: GUO HONG WEI and LIU DANHONG trading as JIANG YIP SOIL FORCE ENGINEERING CO (a firm); Second Defendant: LAM GEOTECHNICS LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 July 2017
Case Number
DCPI1155/2015
Procedural Posture
Personal Injury (district Court) / Application to Set Aside Default Judgment (post Judgment)
Outcome
Application to set aside default judgment dismissed; earlier judgment striking out the claim and dismissing proceedings remains in force.
Legal Topics
Set Aside Judgment, Absence/excuse for Non Attendance, Insufficiency of Particulars/striking Out, Assessment of Costs
Source Language
CH
Civil Procedure Personal Injury Default Judgment Costs Set Aside Judgment Absence/excuse for Non Attendance Insufficiency of Particulars/striking Out Assessment of Costs

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Parties

CHAN SEEN MAN

Plaintiff

GUO HONG WEI and LIU DANHONG trading as JIANG YIP SOIL FORCE ENGINEERING CO (a firm)

First Defendant

LAM GEOTECHNICS LIMITED

Second Defendant

Procedural Posture

Personal Injury (district Court) / Application to Set Aside Default Judgment (post Judgment)

Legal Issues

  1. 1 Whether the applicant has provided a satisfactory explanation for his absence at the hearing
  2. 2 Whether the application to set aside the default judgment was made within the required time
  3. 3 Whether the applicant has a real prospect of success on the merits

Ratio Decidendi

The application to set aside the default judgment failed because the applicant provided inadequate evidence to justify his absence, admitted he had no real prospect of success on the pleaded claim, and the application was brought late; accordingly the court dismissed the set-aside application and ordered the applicant to pay the respondents' costs.

Court Disposition

Application to set aside default judgment dismissed; earlier judgment striking out the claim and dismissing proceedings remains in force.

Orders

  • Application to set aside judgment dismissed.
  • Applicant to pay respondents' costs of this application; costs to be agreed or, failing agreement, assessed by the court together with the costs of the prior striking-out application and the underlying action.