LAU TAK LUN AND ANOTHER v. HO KA YAN

LAU TAK LUN AND ANOTHER v. HO KA YAN

Service by insertion into the Defendant's letterbox was effective and the interlocutory judgment was regular; notwithstanding regularity, the Defendant demonstrated meritorious defences with realistic prospects of success because the publications were to a very limited internal audience and likely caused no serious reputational harm, and there is credible contemporaneous evidence (disputed employer identity, unpaid salary and cessation of business) supporting justification; accordingly the court set aside the default judgment and granted unconditional leave to defend.

Citation
[2025] HKDC 1243
Parties
1st Plaintiff: LAU TAK LUN; 2nd Plaintiff: TSE SUK HANG; Defendant: HO KA YAN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 July 2025
Case Number
DCCJ7604/2024
Procedural Posture
Civil Action Defamation and Malicious Falsehood / Application to Set Aside Default Judgment (interlocutory)
Outcome
Default judgment dated 27 January 2025 set aside; defendant granted unconditional leave to defend; costs ordered nisi in favour of defendant
Legal Topics
Default Judgment, Service of Writ, Set Aside Application, Justification Defence, Abuse of Process, Meritorious Defence
Source Language
EN
Civil Procedure Defamation Employment Law Default Judgment Service of Writ Set Aside Application Justification Defence Abuse of Process +1 more

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Parties

LAU TAK LUN

1st Plaintiff

TSE SUK HANG

2nd Plaintiff

HO KA YAN

Defendant

Procedural Posture

Civil Action Defamation and Malicious Falsehood / Application to Set Aside Default Judgment (interlocutory)

Legal Issues

  1. 1 Whether the interlocutory/default judgment was regularly obtained by effective service
  2. 2 Whether the Defendant has a meritorious defence amounting to a real prospect of success to justify setting aside a regular default judgment
  3. 3 Whether the whatsapp publications caused or were likely to cause serious harm to the Plaintiffs' reputation

Ratio Decidendi

Service by insertion into the Defendant's letterbox was effective and the interlocutory judgment was regular; notwithstanding regularity, the Defendant demonstrated meritorious defences with realistic prospects of success because the publications were to a very limited internal audience and likely caused no serious reputational harm, and there is credible contemporaneous evidence (disputed employer identity, unpaid salary and cessation of business) supporting justification; accordingly the court set aside the default judgment and granted unconditional leave to defend.

Court Disposition

Default judgment dated 27 January 2025 set aside; defendant granted unconditional leave to defend; costs ordered nisi in favour of defendant

Orders

  • Default judgment dated 27 January 2025 and any execution thereon is set aside
  • Defendant granted unconditional leave to defend