CHEUNG KA WA v. WU CHUNG HSIEH AND OTHERS

CHEUNG KA WA v. WU CHUNG HSIEH AND OTHERS

Default judgment under Order 19 r.7 was granted because the pleaded facts disclosed a clear case of fraud and unjust enrichment and declaratory proprietary relief was necessary to secure the plaintiff's claim; service requirements were satisfied and no Acknowledgment of Service was filed, and therefore the court could enter judgment on the pleadings with specified modifications and award costs.

Citation
[2023] HKDC 1342
Parties
Plaintiff: CHEUNG KA WA; 1st Defendant: WU CHUNG HSIEH; 2nd Defendant: CHEN YI JHEN; 3rd Defendant: WANG KUN; 6th Defendant: EVER YEAR LIMITED; 7th Defendant: HUANG YANBIN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 October 2023
Case Number
DCCJ106/2022
Procedural Posture
Civil Fraud Action (proprietary and Monetary Relief) / Application for Default Judgment Under Order 19 R.7 (district Court)
Outcome
Default judgment granted under Order 19 r.7 with proprietary declarations and monetary relief; specified modifications to the Schedule; costs of HK$130,000 awarded to plaintiff against 1st, 2nd, 3rd, 6th and 7th defendants; liberty to apply.
Legal Topics
Default Judgment, Proprietary Declaration, Unjust Enrichment, Service Out of Jurisdiction, Costs
Source Language
EN
Civil Equity Trusts Procedural Law Fraud Default Judgment Proprietary Declaration Unjust Enrichment +2 more

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Parties

CHEUNG KA WA

Plaintiff

WU CHUNG HSIEH

1st Defendant

CHEN YI JHEN

2nd Defendant

WANG KUN

3rd Defendant

EVER YEAR LIMITED

6th Defendant

HUANG YANBIN

7th Defendant

Procedural Posture

Civil Fraud Action (proprietary and Monetary Relief) / Application for Default Judgment Under Order 19 R.7 (district Court)

Legal Issues

  1. 1 Whether default judgment under Order 19 r.7 should be granted on the pleaded facts
  2. 2 Whether declaratory/proprietary relief can be granted without a full trial in circumstances of alleged email fraud and potential dissipation
  3. 3 Whether service (including service out of jurisdiction) and process requirements were satisfied for default judgment

Ratio Decidendi

Default judgment under Order 19 r.7 was granted because the pleaded facts disclosed a clear case of fraud and unjust enrichment and declaratory proprietary relief was necessary to secure the plaintiff's claim; service requirements were satisfied and no Acknowledgment of Service was filed, and therefore the court could enter judgment on the pleadings with specified modifications and award costs.

Court Disposition

Default judgment granted under Order 19 r.7 with proprietary declarations and monetary relief; specified modifications to the Schedule; costs of HK$130,000 awarded to plaintiff against 1st, 2nd, 3rd, 6th and 7th defendants; liberty to apply.

Orders

  • Default judgment granted as per the Schedule to the Summons with modifications as set out by the court
  • Modifications as against the 1st Defendant: paragraphs 4,5,7,8 and 9 removed; 'Plaintiff’s BOCHK Account' replaced by 'the account kept by the Plaintiff with Bank of China (Hong Kong) Limited with account number 891-1-034-5016'; 'Bank Account of D1' replaced by 'the account kept by D1 with Citibank (Hong Kong)...