CHEUNG BUN v. SUNG TSZ HIN

CHEUNG BUN v. SUNG TSZ HIN

The appeal is dismissed: service at the defendant's last known address was satisfactory so the default judgment remains regular; the defendant failed to show irregular service or a real prospect of success on the merits in respect of the US$200,000 and RMB24,000 claims; the New Affirmation fails the first Ladd v Marshall requirement and is not admitted; payment out of sums paid into court is ordered to satisfy the intact part of the judgment and the master’s orders are affirmed.

Citation
CHEUNG BUN v. SUNG TSZ HIN
Parties
Plaintiff: Cheung; Defendant: Sung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 January 2015
Case Number
HCA1348/2013
Procedural Posture
Civil Appeal (o.58) / Appeal From Master's Decision Hearing and Decision
Outcome
Appeal dismissed; order of the master affirmed.
Legal Topics
Service of Process, Setting Aside Default Judgment, Charging Order, Admissibility of Fresh Evidence on Appeal, Ladd V Marshall Test, Costs Orders
Source Language
EN
Civil Procedure Enforcement Property Law Contract Evidence Debt Recovery Service of Process Setting Aside Default Judgment +4 more

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Parties

Cheung

Plaintiff

Sung

Defendant

Procedural Posture

Civil Appeal (o.58) / Appeal From Master's Decision Hearing and Decision

Legal Issues

  1. 1 Whether the writ was validly served at defendant's last known address
  2. 2 Whether the default judgment and charging order should be set aside
  3. 3 Whether fresh evidence filed on appeal (New Affirmation) should be admitted under Ladd v Marshall

Ratio Decidendi

The appeal is dismissed: service at the defendant's last known address was satisfactory so the default judgment remains regular; the defendant failed to show irregular service or a real prospect of success on the merits in respect of the US$200,000 and RMB24,000 claims; the New Affirmation fails the first Ladd v Marshall requirement and is not admitted; payment out of sums paid into court is ordered to satisfy the intact part of the judgment and the master’s orders are affirmed.

Court Disposition

Appeal dismissed; order of the master affirmed.

Orders

  • Appeal dismissed and the order of the master dated 26 February 2014 stands
  • Order for payment out of sums paid into court in favour of Cheung in satisfaction of the judgment to the extent of the intact debt