REPUBLIC HOLDINGS LTD AND ANOTHER v. PANG WAI KWONG AND ANOTHER

REPUBLIC HOLDINGS LTD AND ANOTHER v. PANG WAI KWONG AND ANOTHER

Because the amended statement of claim properly pleaded the jurisdictional basis and the substantive facts entitling the plaintiffs to relief, and because service was proved and the defendants did not appear or defend, the court granted judgment for the plaintiffs and ordered the Deed of Gift to be set aside and awarded costs to the plaintiffs.

Citation
[2018] HKDC 1503
Parties
1st Plaintiff: REPUBLIC HOLDINGS LIMITED; 2nd Plaintiff: NG LAM MAN; 1st Defendant: PANG WAI KWONG; 2nd Defendant: KAN FUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 December 2018
Case Number
DCCJ761/2017
Procedural Posture
Civil Action (district Court) / Application for Default Judgment (order 19 R.7)
Outcome
Judgment for plaintiffs; Deed of Gift set aside; costs awarded to plaintiffs and summarily assessed at HK$30,000 with a certificate for counsel
Legal Topics
Default Judgment, Deed of Gift, Jurisdiction, Costs
Source Language
EN
Civil Property Equity Default Judgment Deed of Gift Jurisdiction Costs

Case Brief

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Parties

REPUBLIC HOLDINGS LIMITED

1st Plaintiff

NG LAM MAN

2nd Plaintiff

PANG WAI KWONG

1st Defendant

KAN FUNG

2nd Defendant

Procedural Posture

Civil Action (district Court) / Application for Default Judgment (order 19 R.7)

Legal Issues

  1. 1 Whether a default judgment could be entered given earlier dismissal for lack of a jurisdictional plea
  2. 2 Whether the amended statement of claim sufficiently pleaded jurisdiction
  3. 3 Whether the Deed of Gift should be set aside

Ratio Decidendi

Because the amended statement of claim properly pleaded the jurisdictional basis and the substantive facts entitling the plaintiffs to relief, and because service was proved and the defendants did not appear or defend, the court granted judgment for the plaintiffs and ordered the Deed of Gift to be set aside and awarded costs to the plaintiffs.

Court Disposition

Judgment for plaintiffs; Deed of Gift set aside; costs awarded to plaintiffs and summarily assessed at HK$30,000 with a certificate for counsel

Orders

  • Deed of Gift set aside
  • Default judgment entered under Order 19 rule 7 in favour of the plaintiffs