LEE LAI CHING v. TSANG FAT

LEE LAI CHING v. TSANG FAT

The Court allowed the appeal and set aside the default judgment because the Defendant established an arguable equitable defence (claims arising from services/materials and alleged agreement involving the previous owner's attorney and the purchaser's husband) that was not considered below; the matter was remitted to the District Court for the Defendant to file a defence and counterclaim within 21 days and for determination on the merits.

Citation
LEE LAI CHING v. TSANG FAT
Parties
Plaintiff / Respondent: Lee Lai Ching; Defendant / Appellant: Tsang Fat
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 May 1987
Case Number
CACV38/1987
Procedural Posture
Civil Appeal From District Court (possession Action) / Court of Appeal Decision on Application to Set Aside Default Judgment; Matter Remitted to District Court
Outcome
Appeal allowed; default judgment in the District Court set aside; matter remitted to the District Court.
Legal Topics
Default Judgment, Setting Aside Judgment, Possession, Equitable Interests, Notice, Remittal
Source Language
EN
Civil Procedure Property Equity Default Judgment Setting Aside Judgment Possession Equitable Interests Notice +1 more

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Parties

Lee Lai Ching

Plaintiff / Respondent

Tsang Fat

Defendant / Appellant

Procedural Posture

Civil Appeal From District Court (possession Action) / Court of Appeal Decision on Application to Set Aside Default Judgment; Matter Remitted to District Court

Legal Issues

  1. 1 Whether the default judgment in the District Court should be set aside
  2. 2 Whether the Defendant has an arguable equitable defence/claim against the previous owner that was binding on or known to the Plaintiff
  3. 3 Whether the matter should be remitted to the District Court for trial and pleading directions

Ratio Decidendi

The Court allowed the appeal and set aside the default judgment because the Defendant established an arguable equitable defence (claims arising from services/materials and alleged agreement involving the previous owner's attorney and the purchaser's husband) that was not considered below; the matter was remitted to the District Court for the Defendant to file a defence and counterclaim within 21 days and for determination on the merits.

Court Disposition

Appeal allowed; default judgment in the District Court set aside; matter remitted to the District Court.

Orders

  • Default judgment below set aside
  • Proceedings remitted to the District Court for further hearing on the merits