RE YIM HOI MAN t/a MAN WAH ELECTRICAL ENGINEERING CO

RE YIM HOI MAN t/a MAN WAH ELECTRICAL ENGINEERING CO

Deputy Judge Ko failed to take into account the material document (Phase's 29 July 2003 letter) and the surrounding factual matrix (meeting with Able's representative, delivery of the letter to Able marked to Mr Lui's attention, conduct indicating ostensible authority and past payments), such that the Court of Appeal, exercising the discretion afresh, concluded Yim had a real prospect of success on the assignment issue; accordingly the default judgment and the bankruptcy order based on it were set aside and procedural directions and costs orders were made.

Citation
RE YIM HOI MAN t/a MAN WAH ELECTRICAL ENGINEERING CO
Parties
Plaintiff/petitioner/respondent: Able Engineering Company Limited; Defendant/debtor/appellant: Yim Hoi Man trading as Man Wah Electrical Engineering Company
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 February 2008
Case Number
CACV339/2005
Procedural Posture
Civil Appeal (bankruptcy and Application to Set Aside Default Judgment) / Court of Appeal Judgment
Outcome
Leave to appeal granted; appeal allowed; default judgment and bankruptcy order set aside.
Legal Topics
Default Judgment, Set Aside, Statutory Demand, Assignment of Contractual Sums, Leave to Appeal, Costs, Labour Tribunal, Sub‑contracting, Service
Source Language
ET
Bankruptcy Contract Civil Procedure Employment Law Agency/ostensible Authority Default Judgment Set Aside Statutory Demand +6 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 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Able Engineering Company Limited

Plaintiff/petitioner/respondent

Yim Hoi Man trading as Man Wah Electrical Engineering Company

Defendant/debtor/appellant

Procedural Posture

Civil Appeal (bankruptcy and Application to Set Aside Default Judgment) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the District Court should have set aside the default judgment obtained against Yim
  2. 2 Whether Phase's 29 July 2003 letter operated as an assignment of sums payable by Able to Yim
  3. 3 Whether the bankruptcy order based on the default judgment should be set aside

Ratio Decidendi

Deputy Judge Ko failed to take into account the material document (Phase's 29 July 2003 letter) and the surrounding factual matrix (meeting with Able's representative, delivery of the letter to Able marked to Mr Lui's attention, conduct indicating ostensible authority and past payments), such that the Court of Appeal, exercising the discretion afresh, concluded Yim had a real prospect of success on the assignment issue; accordingly the default judgment and the bankruptcy order based on it were set aside and procedural directions and costs orders were made.

Court Disposition

Leave to appeal granted; appeal allowed; default judgment and bankruptcy order set aside.

Orders

  • Leave granted to Yim to appeal Dep. DJ Ko's order.
  • Default judgment set aside.