CHEN SHUN ZHONG v. SUCCESS CIVIL & FOUNDATION CO. LTD. AND ANOTHER

CHEN SHUN ZHONG v. SUCCESS CIVIL & FOUNDATION CO. LTD. AND ANOTHER

The court exercised its discretion to refuse to set aside the interlocutory judgments because the procedural prejudice had been cured by affording the 2nd defendant a hearing, the 2nd defendant had behaved contumaciously in failing to comply with unless orders and had not demonstrated a meritorious defence; accordingly the applications to set aside were dismissed and the interlocutory judgments stood.

Citation
CHEN SHUN ZHONG 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
DCCJ17041/1996
Procedural Posture
Civil Employment/contract / Application to Set Aside Interlocutory Default Judgments Following Striking Out of Defence and Counterclaim
Outcome
Applications by the 2nd defendant to set aside the interlocutory judgments dismissed; judgments not set aside.
Legal Topics
Default Judgment, Striking Out, Unless Orders, Service of Process, Setting Aside Judgment, Counterclaim, Contumacy
Source Language
EN
Civil Procedure Employment Law Contract Law Default Judgment Striking Out Unless Orders Service of Process Setting Aside Judgment +2 more

Case Brief

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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 Employment/contract / Application to Set Aside Interlocutory Default Judgments Following Striking Out of Defence and Counterclaim

Legal Issues

  1. 1 Whether interlocutory judgments obtained in absence of the 2nd defendant were irregular due to defective service and ex parte procedure
  2. 2 Whether striking out of defence and counterclaim for failure to comply with unless orders was irregular
  3. 3 Whether the court must or may exercise discretion to set aside default/interlocutory judgments and whether merits must be shown

Ratio Decidendi

The court exercised its discretion to refuse to set aside the interlocutory judgments because the procedural prejudice had been cured by affording the 2nd defendant a hearing, the 2nd defendant had behaved contumaciously in failing to comply with unless orders and had not demonstrated a meritorious defence; accordingly the applications to set aside were dismissed and the interlocutory judgments stood.

Court Disposition

Applications by the 2nd defendant to set aside the interlocutory judgments dismissed; judgments not set aside.

Orders

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