OCBC BANK (HONG KONG) LTD (formerly known as OCBC WING HANG BANK LTD) v. ALONG INDUSTRIAL CO., LTD AND ANOTHER

OCBC BANK (HONG KONG) LTD (formerly known as OCBC WING HANG BANK LTD) v. ALONG INDUSTRIAL CO., LTD AND ANOTHER

Along's defence to the counterclaim was struck out for failure to file a statement of truth, entitling OCBC to judgment under O.19 r.7; applying the established exception to the rule against declarations without trial, the court concluded that justice required granting a declaration that the Purported Invoices and Purported Repayment Plan are void or unenforceable as against P and entered judgment against Along in favour of OCBC.

Citation
[2025] HKCFI 5978
Parties
Plaintiff (main Action and Plaintiff by Counterclaim): OCBC Bank (Hong Kong) Limited; 2nd Defendant by Counterclaim: Along Industrial Co., Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2025
Case Number
HCA1032/2021
Procedural Posture
Consolidated Civil Actions (action No 696 of 2021; HCA 1032/2021) / Interlocutory Application by Summons for Judgment and Declaratory Relief; Hearing in Absence of 2nd Defendant
Outcome
Summons granted; judgment entered against Along Industrial Co., Limited; declaratory relief granted.
Legal Topics
Default Judgment, Declaration Without Trial, Strike Out for Failure to Verify Defence, Tomlin Order, Service of Process
Source Language
EN
Civil Procedure Contract Company Law Debt Recovery Default Judgment Declaration Without Trial Strike Out for Failure to Verify Defence Tomlin Order +1 more

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Parties

OCBC Bank (Hong Kong) Limited

Plaintiff (main Action and Plaintiff by Counterclaim)

Along Industrial Co., Limited

2nd Defendant by Counterclaim

Procedural Posture

Consolidated Civil Actions (action No 696 of 2021; HCA 1032/2021) / Interlocutory Application by Summons for Judgment and Declaratory Relief; Hearing in Absence of 2nd Defendant

Legal Issues

  1. 1 Whether judgment could be entered against Along under Order 19 r.7 of the Rules of the High Court following strike out for failure to file a statement of truth
  2. 2 Whether a final declaration that the Purported Invoices and Purported Repayment Plan are void or unenforceable against P can be granted without a trial
  3. 3 Whether it is just to grant declaratory relief in the circumstances of a Tomlin Order and the potential dissolution of Along

Ratio Decidendi

Along's defence to the counterclaim was struck out for failure to file a statement of truth, entitling OCBC to judgment under O.19 r.7; applying the established exception to the rule against declarations without trial, the court concluded that justice required granting a declaration that the Purported Invoices and Purported Repayment Plan are void or unenforceable as against P and entered judgment against Along in favour of OCBC.

Court Disposition

Summons granted; judgment entered against Along Industrial Co., Limited; declaratory relief granted.

Orders

  • Judgment entered against Along Industrial Co. Limited in favour of OCBC Bank (Hong Kong) Limited for the full reliefs sought by OCBC.
  • Declaration that the Purported Invoices and/or Purported Repayment Plan are void and/or unenforceable as against P.