OCEAN FIRST CONTAINER STORAGE LTD v. EASY 2 LEARN LTD

OCEAN FIRST CONTAINER STORAGE LTD v. EASY 2 LEARN LTD

No arguable point of law was identified; the Deputy Adjudicator acted within jurisdiction in dismissing the application to set aside the default judgment given the defendant's unexplained failure to attend and lack of any meritorious defence; therefore leave to appeal under s28 is refused.

Citation
[2021] HKCFI 200
Parties
Claimant: Ocean First Container Storage Limited; Defendant: Easy 2 Learn Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2021
Case Number
HCSA44/2020
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal Under S28
Outcome
Application for leave to appeal dismissed.
Legal Topics
Storage Fees, Set Aside Award, Leave to Appeal, Jurisdiction, Default Judgment, Adjournment
Source Language
EN
Civil Contract Procedural Law Small Claims Tribunal Storage Fees Set Aside Award Leave to Appeal Jurisdiction +2 more

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Parties

Ocean First Container Storage Limited

Claimant

Easy 2 Learn Limited

Defendant

Procedural Posture

Small Claims Tribunal Appeal / Application for Leave to Appeal Under S28

Legal Issues

  1. 1 Whether the Tribunal acted outside its jurisdiction by making an order in the absence of the defendant's representative
  2. 2 Whether there is any point of law to sustain leave to appeal under s28 of the Small Claims Tribunal Ordinance
  3. 3 Whether the application to set aside the default judgment should have been granted given the defendant's asserted reasons for absence

Ratio Decidendi

No arguable point of law was identified; the Deputy Adjudicator acted within jurisdiction in dismissing the application to set aside the default judgment given the defendant's unexplained failure to attend and lack of any meritorious defence; therefore leave to appeal under s28 is refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.