YE YING JIE v. SUCCESS CIVIL & FOUNDATION CO. LTD. AND ANOTHER

YE YING JIE v. SUCCESS CIVIL & FOUNDATION CO. LTD. AND ANOTHER

Although some procedural irregularities in service and the ex parte nature of some applications were established, the court exercised its discretion not to set aside the interlocutory judgments because the 2nd defendant's procedural defects were cured by a subsequent opportunity to be heard, the defendant's conduct was contumacious, there was no meritorious defence on the evidence, and overall justice required refusal to set aside.

Citation
YE YING JIE v. SUCCESS CIVIL & FOUNDATION CO. LTD. AND ANOTHER
Parties
Plaintiff: Chen Shun Zhong; Plaintiff: Ye Ying Jie; Plaintiff: Yang Qi Jie; Plaintiff: Yang Yong Long; Plaintiff: Su Shi Yu; Plaintiff: Huang Zhi Mei; 1st Defendant: SUCCESS CIVIL & FOUNDATION COMPANY LIMITED; 2nd Defendant: HENG LEE CONSTRUCTION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 September 1999
Case Number
DCCJ17042/1996
Procedural Posture
Civil Action (employment/contract Arising From Recruitment) / Application to Set Aside Interlocutory Default Judgments Following Striking Out for Non‑compliance With Unless Orders
Outcome
Applications by the 2nd defendant to set aside interlocutory judgments dismissed; judgment maintained against 2nd defendant.
Legal Topics
Default Judgment, Setting Aside Judgment, Unless Order, Particulars of Pleadings, Service of Process, Counterclaim, Contumacious Conduct
Source Language
EN
Civil Procedure Employment Law Contract Law Default Judgment Setting Aside Judgment Unless Order Particulars of Pleadings Service of Process +2 more

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Parties

Chen Shun Zhong

Plaintiff

Ye Ying Jie

Plaintiff

Yang Qi Jie

Plaintiff

Yang Yong Long

Plaintiff

Su Shi Yu

Plaintiff

Huang Zhi Mei

Plaintiff

SUCCESS CIVIL & FOUNDATION COMPANY LIMITED

1st Defendant

HENG LEE CONSTRUCTION COMPANY LIMITED

2nd Defendant

Procedural Posture

Civil Action (employment/contract Arising From Recruitment) / Application to Set Aside Interlocutory Default Judgments Following Striking Out for Non‑compliance With Unless Orders

Legal Issues

  1. 1 Whether interlocutory judgments obtained in absence of 2nd defendant were irregular for defective service and being ex parte
  2. 2 Whether applications to strike out for non‑compliance with unless orders must be heard inter partes or can properly be made ex parte
  3. 3 Whether 2nd defendant is entitled as of right to have default judgments set aside without showing merits

Ratio Decidendi

Although some procedural irregularities in service and the ex parte nature of some applications were established, the court exercised its discretion not to set aside the interlocutory judgments because the 2nd defendant's procedural defects were cured by a subsequent opportunity to be heard, the defendant's conduct was contumacious, there was no meritorious defence on the evidence, and overall justice required refusal to set aside.

Court Disposition

Applications by the 2nd defendant to set aside interlocutory judgments dismissed; judgment maintained against 2nd defendant.

Orders

  • Applications dismissed
  • Order nisi for costs that the 2nd defendant do pay the costs of the plaintiffs of these applications with certificate for counsel to be taxed if not agreed