LI SAU YING v. HUI MING YEUNG AND ANOTHER

LI SAU YING v. HUI MING YEUNG AND ANOTHER

The Master rightly set aside the default judgment and made the orders for joinder and stay because the judgment could be enforced and would prejudice the intervener and potentially impede the husband's ability to provide ancillary relief; the intervening applications and discovery were properly made and the costs orders were justified given the timing of undertakings and the conduct of the parties.

Citation
LI SAU YING v. HUI MING YEUNG AND ANOTHER
Parties
1st Plaintiff: LI SAU YING; 2nd Plaintiff: HUI MING YEUNG; Defendant: DRAGON TRIO DEVELOPMENT LIMITED; Intervener: CHENG YA MENG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 December 2004
Case Number
HCA3118/2002
Procedural Posture
Civil Action for Debt and Charging Order Linked to Matrimonial Ancillary Relief / Appeal From Master's Orders Including Application to Set Aside Default Judgment and Charging Order, Joinder and Stay
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Charging Order, Intervention/joinder, Ancillary Relief, Setting Aside Judgment, Costs Orders, Discovery
Source Language
EN
Civil Procedure Family Law Property Law Company Law Enforcement of Judgments Default Judgment Charging Order Intervention/joinder +4 more

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Parties

LI SAU YING

1st Plaintiff

HUI MING YEUNG

2nd Plaintiff

DRAGON TRIO DEVELOPMENT LIMITED

Defendant

CHENG YA MENG

Intervener

Procedural Posture

Civil Action for Debt and Charging Order Linked to Matrimonial Ancillary Relief / Appeal From Master's Orders Including Application to Set Aside Default Judgment and Charging Order, Joinder and Stay

Legal Issues

  1. 1 Whether the default judgment should be set aside
  2. 2 Whether the charging order should be set aside
  3. 3 Whether the intervener should be joined and the proceedings stayed pending matrimonial ancillary relief

Ratio Decidendi

The Master rightly set aside the default judgment and made the orders for joinder and stay because the judgment could be enforced and would prejudice the intervener and potentially impede the husband's ability to provide ancillary relief; the intervening applications and discovery were properly made and the costs orders were justified given the timing of undertakings and the conduct of the parties.

Court Disposition

Appeal dismissed

Orders

  • Master's orders upheld: default judgment set aside
  • Leave granted to the Intervener to be joined and remain in the title as Intervener