CHEUNG SAI LON v. CHEUNG SAI HA AND ANOTHER

CHEUNG SAI LON v. CHEUNG SAI HA AND ANOTHER

The court set aside the regular default judgment because the defendants demonstrated sufficient merit in their proposed defences and there are overlapping factual issues (beneficial ownership, tracing and source of funds) that require interlocutory steps and trial; the setting aside is conditional on compliance with prior disclosure orders and the proprietary injunction is continued and subject to terms.

Citation
[2021] HKCFI 904
Parties
Plaintiff: Cheung Sai Lon; 1st Defendant: Cheung Sai Ha; 2nd Defendant: Cheung Sai Ha and Cheung Sai Kuen as the executrices of the estate of Cheung Hung Kwong, deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2021
Case Number
HCA2218/2019
Procedural Posture
Civil Action for Proprietary Relief and Accounts (probate/estate Matters) / Application to Set Aside Default Judgment (interlocutory Hearing of Set Aside Summons)
Outcome
Default Judgment of 5 October 2020 set aside on terms; proprietary injunction continued; Unless Order extended; costs ordered on a nisi basis in favour of plaintiff
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Hadkinson Principle, Proprietary Injunction, Disclosure/unless Order, Tracing
Source Language
EN
Civil Procedure Equity and Trusts Injunctions Probate and Administration Default Judgment Service of Process Setting Aside Judgment Hadkinson Principle +3 more

Case Brief

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Cheung Sai Lon

Plaintiff

Cheung Sai Ha

1st Defendant

Cheung Sai Ha and Cheung Sai Kuen as the executrices of the estate of Cheung Hung Kwong, deceased

2nd Defendant

Procedural Posture

Civil Action for Proprietary Relief and Accounts (probate/estate Matters) / Application to Set Aside Default Judgment (interlocutory Hearing of Set Aside Summons)

Legal Issues

  1. 1 Whether the default judgment was regular or irregular for want of effective service
  2. 2 Whether defendants demonstrated a real prospect of success meriting setting aside a regular default judgment
  3. 3 Whether the proprietary injunction and unless order should be continued or discharged and on what terms

Ratio Decidendi

The court set aside the regular default judgment because the defendants demonstrated sufficient merit in their proposed defences and there are overlapping factual issues (beneficial ownership, tracing and source of funds) that require interlocutory steps and trial; the setting aside is conditional on compliance with prior disclosure orders and the proprietary injunction is continued and subject to terms.

Court Disposition

Default Judgment of 5 October 2020 set aside on terms; proprietary injunction continued; Unless Order extended; costs ordered on a nisi basis in favour of plaintiff

Orders

  • Default Judgment dated 5 October 2020 set aside
  • Proprietary injunction continued until trial/assessment or further order