KO LAI KUEN v. LI TAK MING AND OTHERS

KO LAI KUEN v. LI TAK MING AND OTHERS

The application to set aside the default judgment is dismissed because the court rejected the primary defendant's evidence for want of credibility and the defendants therefore failed to show a real prospect of success; additionally the factual matrix supported holding the individual and associated companies liable as part of the same scheme.

Citation
KO LAI KUEN v. LI TAK MING AND OTHERS
Parties
Plaintiff: KO LAI KUEN; 1st Defendant: LI TAK MING; 2nd Defendant: MARKETING STRATEGIC MANAGEMENT (PACIFIC) LIMITED; 3rd Defendant: MILLENNIUM INTERNATIONAL FINANCIAL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 June 2012
Case Number
HCA1731/2010
Procedural Posture
Civil Application to Set Aside Default Judgment / Decision on Application to Set Aside Default Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Default Judgment, Misrepresentation, Investment Losses, Agent Liability, Credibility Findings, Costs
Source Language
EN
Civil Procedure Contract Tort Agency Commercial Law Setting Aside Default Judgment Misrepresentation Investment Losses +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

KO LAI KUEN

Plaintiff

LI TAK MING

1st Defendant

MARKETING STRATEGIC MANAGEMENT (PACIFIC) LIMITED

2nd Defendant

MILLENNIUM INTERNATIONAL FINANCIAL LIMITED

3rd Defendant

Procedural Posture

Civil Application to Set Aside Default Judgment / Decision on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendants have demonstrated a real prospect of success to set aside a default judgment
  2. 2 Whether Li Tak Ming was credible such that the defence has real prospects
  3. 3 Whether an agent can be held personally liable for misrepresentations or torts committed in the course of agency

Ratio Decidendi

The application to set aside the default judgment is dismissed because the court rejected the primary defendant's evidence for want of credibility and the defendants therefore failed to show a real prospect of success; additionally the factual matrix supported holding the individual and associated companies liable as part of the same scheme.

Court Disposition

Application dismissed

Orders

  • Application to set aside default judgment dismissed
  • Costs nisi ordered that the costs of this application be paid by the defendants to the plaintiff pursuant to Ord 42 r 5B(6)