LAW MAN KAI GARRY AND ANOTHER v. AUSTCITI PROPERTY LTD. AND OTHERS

LAW MAN KAI GARRY AND ANOTHER v. AUSTCITI PROPERTY LTD. AND OTHERS

A stay of execution of the default judgment was warranted pending full argument and determination of the defendants' applications to set aside the judgment and to strike out the claim because the defendants' submissions merited full argument and the court has jurisdiction under Order 45 r.11 and its inherent...

Source-derived case information.

Citation
LAW MAN KAI GARRY AND ANOTHER v. AUSTCITI PROPERTY LTD. AND OTHERS
Parties
Plaintiff: GARRY LAW MAN KAI; Plaintiff: LI YUK HO; 1st Defendant: AUSTCITI PROPERTY LIMITED; 2nd Defendant: KAM TAK YUEN PETER; 3rd Defendant: CHU SOOK CHUN STELLA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 1998
Case Number
HCA14750/1998
Procedural Posture
Civil Action (court of First Instance) / Interlocutory: Application to Set Aside Default Judgment and Appeal Against Registrar's Refusal to Stay Execution
Outcome
Stay of execution granted pending determination of the applications to set aside the default judgment and to strike out the Plaintiffs' claim.
Legal Topics
Default Judgment, Setting Aside Judgment, Stay of Execution, Strike Out, Cause of Action, Fraud, Dishonesty
Source Language
en
Civil Procedure Contract Trusts Judgment Enforcement Default Judgment Setting Aside Judgment Stay of Execution Strike Out +3 more

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Summary, issues, holding and outcome

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Parties

GARRY LAW MAN KAI

Plaintiff

LI YUK HO

Plaintiff

AUSTCITI PROPERTY LIMITED

1st Defendant

KAM TAK YUEN PETER

2nd Defendant

CHU SOOK CHUN STELLA

3rd Defendant

Procedural Posture

Civil Action (court of First Instance) / Interlocutory: Application to Set Aside Default Judgment and Appeal Against Registrar's Refusal to Stay Execution

Legal Issues

  1. 1 Whether a stay of execution of the default judgment should be granted pending determination of the application to set aside the default judgment and the strike out application
  2. 2 Whether the 2nd and 3rd Defendants have demonstrated a prima facie meritorious defence sufficient to justify a stay
  3. 3 Whether the court has jurisdiction to grant a stay (Order 45 r.11 and inherent jurisdiction)

Ratio Decidendi

A stay of execution of the default judgment was warranted pending full argument and determination of the defendants' applications to set aside the judgment and to strike out the claim because the defendants' submissions merited full argument and the court has jurisdiction under Order 45 r.11 and its inherent jurisdiction.

Court Disposition

Stay of execution granted pending determination of the applications to set aside the default judgment and to strike out the Plaintiffs' claim.

Orders

  • Stay of execution of the default judgment pending determination of the applications to set aside the judgment and to strike out the Plaintiffs' claim.
  • Matter adjourned for full argument on the application to set aside the judgment and the strike out application.