CHIN CHUN KWOK AND ANOTHER v. YAN KWOK WING AND ANOTHER

CHIN CHUN KWOK AND ANOTHER v. YAN KWOK WING AND ANOTHER

Service by letter box was irregular because plaintiffs lacked a reasonable basis to believe the writ would come to the defendants' knowledge within seven days; defendants demonstrated a triable, meritorious defence and the 2nd defendant's liability depends on the 1st defendant's liability; accordingly the default judgment was properly set aside and the defendants given liberty to defend.

Citation
CHIN CHUN KWOK AND ANOTHER v. YAN KWOK WING AND ANOTHER
Parties
1st Plaintiff: CHIN CHUN KWOK; 2nd Plaintiff: WU WOON CHEUNG; 1st Defendant: YAN KWOK WING; 2nd Defendant: LI TAI RONNIA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 1999
Case Number
HCA1309/1999
Procedural Posture
Civil Action to Recover Partnership/debt Sums; Application to Set Aside Default Judgment / Application to Set Aside Default Judgment; Judgment on Application Delivered
Outcome
Default judgment entered 3 March 1999 set aside; defendants granted leave to defend; costs awarded to defendants on the application
Legal Topics
Default Judgment, Setting Aside Judgment, Service by Letterbox, Substituted Service, Meritorious Defence, Guarantee Liability
Source Language
EN
Civil Procedure Partnership Law Contract Law Debt Recovery Service of Process Default Judgment Setting Aside Judgment Service by Letterbox +3 more

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Parties

CHIN CHUN KWOK

1st Plaintiff

WU WOON CHEUNG

2nd Plaintiff

YAN KWOK WING

1st Defendant

LI TAI RONNIA

2nd Defendant

Procedural Posture

Civil Action to Recover Partnership/debt Sums; Application to Set Aside Default Judgment / Application to Set Aside Default Judgment; Judgment on Application Delivered

Legal Issues

  1. 1 Whether service by insertion into letter box at given address was valid under Order 10 r.1(3)
  2. 2 Whether plaintiffs had reasonable basis to believe the writ would come to defendants' knowledge within 7 days
  3. 3 Whether defendants disclosed a sufficiently meritorious defence to justify setting aside the default judgment

Ratio Decidendi

Service by letter box was irregular because plaintiffs lacked a reasonable basis to believe the writ would come to the defendants' knowledge within seven days; defendants demonstrated a triable, meritorious defence and the 2nd defendant's liability depends on the 1st defendant's liability; accordingly the default judgment was properly set aside and the defendants given liberty to defend.

Court Disposition

Default judgment entered 3 March 1999 set aside; defendants granted leave to defend; costs awarded to defendants on the application

Orders

  • Judgment entered on 3 March 1999 is set aside
  • Defendants to give notice of intention to defend within 7 days of judgment