KUNG SHIU CHEONG v. WONG SUET MAN AND OTHERS

KUNG SHIU CHEONG v. WONG SUET MAN AND OTHERS

The court set aside the regular/default judgment unconditionally because, despite reservation about credibility on both sides, the 3rd Defendant discharged the burden of showing a meritorious defence with a real prospect of success, creating triable issues requiring a trial.

Citation
KUNG SHIU CHEONG v. WONG SUET MAN AND OTHERS
Parties
Plaintiff: KUNG SHIU CHEONG; 1st Defendant: WONG SUET MAN; 2nd Defendant: CHAU CHI SUM; 3rd Defendant: LEUNG WING FAI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 October 2007
Case Number
DCCJ5423/2006
Procedural Posture
Civil Claim Misrepresentation/contract / Application to Set Aside Regular/default Judgment (post Judgment Stage)
Outcome
Judgment set aside unconditionally; 3rd Defendant granted leave to defend; costs to be determined
Legal Topics
Setting Aside Judgment, Default Judgment, Misrepresentation, Repudiation, Agency, Failure of Consideration, Leave to Defend
Source Language
EN
Civil Procedure Contract Law Tort Law Agency Law Equity Setting Aside Judgment Default Judgment Misrepresentation +4 more

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Parties

KUNG SHIU CHEONG

Plaintiff

WONG SUET MAN

1st Defendant

CHAU CHI SUM

2nd Defendant

LEUNG WING FAI

3rd Defendant

Procedural Posture

Civil Claim Misrepresentation/contract / Application to Set Aside Regular/default Judgment (post Judgment Stage)

Legal Issues

  1. 1 Whether the 3rd Defendant should be permitted to set aside a regular/default judgment
  2. 2 Whether the 3rd Defendant has established a meritorious defence with a real prospect of success
  3. 3 Whether the alleged representation that the business was a company was made and relied upon

Ratio Decidendi

The court set aside the regular/default judgment unconditionally because, despite reservation about credibility on both sides, the 3rd Defendant discharged the burden of showing a meritorious defence with a real prospect of success, creating triable issues requiring a trial.

Court Disposition

Judgment set aside unconditionally; 3rd Defendant granted leave to defend; costs to be determined

Orders

  • Judgment obtained against the 3rd Defendant on 27 December 2006 is set aside unconditionally
  • 3rd Defendant LEUNG WING FAI is granted leave to defend the action