RE SHAW BROTHERS (HONG KONG) LTD

RE SHAW BROTHERS (HONG KONG) LTD

The court held that the original default judgment should be treated as a judgment against the estate except for a personal judgment of HK$74,000 which was reflected in the consent order; the proposed appeals were misconceived on their merits and the applicant failed to provide a satisfactory explanation for more than eight months' delay, therefore leave to extend time to appeal was refused.

Citation
RE SHAW BROTHERS (HONG KONG) LTD
Parties
Plaintiff / Respondent: Shaw Brothers (Hong Kong) Limited; Defendant / Appellant: Lung Shing Fan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 1969
Case Number
HCMP281/1968
Procedural Posture
Civil (o.j. Action No.961 of 1967) / Application for Leave to Extend Time to Appeal (miscellaneous Proceedings)
Outcome
Applications for leave to extend time to appeal dismissed (Miscellaneous Proceedings Nos. 280-282 of 1968).
Legal Topics
Default Judgment, Judgment Against Executor Vs Personal Judgment, Consent Order, Authority of Counsel, Extension of Time to Appeal, Delay and Laches
Source Language
EN
Civil Procedure Probate and Administration Enforcement and Execution Appeals Habeas Corpus Default Judgment Judgment Against Executor Vs Personal Judgment Consent Order +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 4
Sign in to unlock

Parties

Shaw Brothers (Hong Kong) Limited

Plaintiff / Respondent

Lung Shing Fan

Defendant / Appellant

Procedural Posture

Civil (o.j. Action No.961 of 1967) / Application for Leave to Extend Time to Appeal (miscellaneous Proceedings)

Legal Issues

  1. 1 Whether the default judgment was personal or against the estate (executor)
  2. 2 Legal effect of the consent order made on application to set aside judgment
  3. 3 Whether counsel had authority to consent to the terms of the consent order

Ratio Decidendi

The court held that the original default judgment should be treated as a judgment against the estate except for a personal judgment of HK$74,000 which was reflected in the consent order; the proposed appeals were misconceived on their merits and the applicant failed to provide a satisfactory explanation for more than eight months' delay, therefore leave to extend time to appeal was refused.

Court Disposition

Applications for leave to extend time to appeal dismissed (Miscellaneous Proceedings Nos. 280-282 of 1968).

Orders

  • Application under O.3 r.5 for extension of time to appeal against order dated 14 February 1968 dismissed
  • Application under O.3 r.5 for extension of time to appeal against order dated 28 March 1968 dismissed