CHEUNG HUNG v. YU DELEI

CHEUNG HUNG v. YU DELEI

Service was properly effected, the plaintiff on the pleadings appeared entitled to judgment, and because the plaintiff abandoned the conversion claim and certain remedies, the court granted judgment in default of defence in the terms sought (paragraphs 1,2,3,4 and 10 of the summons) with paragraph 10 amended to...

Source-derived case information.

Citation
CHEUNG HUNG v. YU DELEI
Parties
Plaintiff: Cheung Hung; Defendant: Yu Delei
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 2015
Case Number
HCA675/2014
Procedural Posture
Action (high Court, Court of First Instance) / Application for Judgment in Default of Defence (order 19, Rule 7)
Outcome
Judgment granted in default of defence.
Legal Topics
Default Judgment, Service of Process, Nominee Holdings, Conversion (abandoned), Costs
Source Language
en
Civil Procedure Equity Securities Law Default Judgment Service of Process Nominee Holdings Conversion (abandoned) Costs

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 Party arguments 2
Sign in to unlock

Parties

Cheung Hung

Plaintiff

Yu Delei

Defendant

Procedural Posture

Action (high Court, Court of First Instance) / Application for Judgment in Default of Defence (order 19, Rule 7)

Legal Issues

  1. 1 Whether service of the writ and summons was properly effected
  2. 2 Whether the plaintiff is entitled to judgment on the pleadings in default of a defence
  3. 3 Whether the court should make declaratory relief in default of defence (particularly allegations of fraud)

Ratio Decidendi

Service was properly effected, the plaintiff on the pleadings appeared entitled to judgment, and because the plaintiff abandoned the conversion claim and certain remedies, the court granted judgment in default of defence in the terms sought (paragraphs 1,2,3,4 and 10 of the summons) with paragraph 10 amended to provide that costs are to be taxed if not agreed.

Court Disposition

Judgment granted in default of defence.

Orders

  • Order in terms of paragraphs 1, 2, 3, 4 and 10 of the summons
  • Paragraph 10 amended to read: 'Costs to be taxed if not agreed'