SHIH MEI CHIN v. THE LAW SOCIETY OF HONG KONG

SHIH MEI CHIN v. THE LAW SOCIETY OF HONG KONG

Under the Rules of the High Court service by registered post was deemed to have occurred on 10 January 2000, so the 14-day period to acknowledge service expired on 23 January 2000; the Defendant's acknowledgement on 19 January 2000 was timely and the Master's order was not in error — appeal dismissed.

Citation
SHIH MEI CHIN v. THE LAW SOCIETY OF HONG KONG
Parties
Appellant / Plaintiff: Shirley Leung; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 February 2000
Case Number
HCMP3/2000
Procedural Posture
Civil Negligence (originating Summons) / Interlocutory Appeal in Chambers Against Master's Order
Outcome
Appeal dismissed; Master's order upheld.
Legal Topics
Service of Process, Acknowledgement of Service, Originating Summons, Default Judgment
Source Language
EN
Civil Procedure Tort Professional Negligence Service of Process Acknowledgement of Service Originating Summons Default Judgment

Case Brief

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Parties

Shirley Leung

Appellant / Plaintiff

Defendant

Defendant

Procedural Posture

Civil Negligence (originating Summons) / Interlocutory Appeal in Chambers Against Master's Order

Legal Issues

  1. 1 Whether service by registered post is deemed to occur seven days after posting under Ord.10 r.1(3)
  2. 2 When the 14-day period for acknowledging service runs under Ord.12 r.5 read with Ord.12 r.9(1)
  3. 3 Whether pre-action communications (letter/fax) can start the reckoning of time for service/acknowledgement

Ratio Decidendi

Under the Rules of the High Court service by registered post was deemed to have occurred on 10 January 2000, so the 14-day period to acknowledge service expired on 23 January 2000; the Defendant's acknowledgement on 19 January 2000 was timely and the Master's order was not in error — appeal dismissed.

Court Disposition

Appeal dismissed; Master's order upheld.

Orders

  • Appeal dismissed.
  • Master's order upheld.