LAU YING SAU SAILING AND ANOTHER v. WAN KWAN CHEUNG

LAU YING SAU SAILING AND ANOTHER v. WAN KWAN CHEUNG

Default judgment was irregular and set aside because the plaintiffs failed to conduct diligent inquiry into the defendant's current address, served at an address known to be rented out for many years, did not bring the writ to the defendant's attention, and failed to disclose material facts when obtaining the judgment; alternatively the defendant demonstrated a real prospect of a meritorious defence.

Citation
LAU YING SAU SAILING AND ANOTHER v. WAN KWAN CHEUNG
Parties
Plaintiff: LAU YING SAU SAILING; Plaintiff: TANG SUET FAN SINLY; Defendant: WAN KWAN CHEUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 March 2012
Case Number
DCCJ1405/2010
Procedural Posture
Civil Nuisance/tort Arising From Water Leakage; Injunction and Remedial Relief / Application to Set Aside Default Judgment and Leave to Defend
Outcome
Default judgment set aside; defendant granted unconditional leave to defend; directions and costs order nisi made.
Legal Topics
Service of Process, Default Judgment, Setting Aside, Duty of Disclosure, Meritorious Defence, Costs, Case Management
Source Language
EN
Civil Procedure Property Tort Landlord and Tenant Injunctions Service of Process Default Judgment Setting Aside +4 more

Case Brief

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Parties

LAU YING SAU SAILING

Plaintiff

TANG SUET FAN SINLY

Plaintiff

WAN KWAN CHEUNG

Defendant

Procedural Posture

Civil Nuisance/tort Arising From Water Leakage; Injunction and Remedial Relief / Application to Set Aside Default Judgment and Leave to Defend

Legal Issues

  1. 1 Whether service of the writ was regular under Order 10 r 1(2)
  2. 2 Whether the plaintiffs fulfilled duty of diligent inquiry as to defendant's last known address
  3. 3 Whether the writ was brought to defendant's attention

Ratio Decidendi

Default judgment was irregular and set aside because the plaintiffs failed to conduct diligent inquiry into the defendant's current address, served at an address known to be rented out for many years, did not bring the writ to the defendant's attention, and failed to disclose material facts when obtaining the judgment; alternatively the defendant demonstrated a real prospect of a meritorious defence.

Court Disposition

Default judgment set aside; defendant granted unconditional leave to defend; directions and costs order nisi made.

Orders

  • Default judgment entered 14 July 2010 is set aside
  • Unconditional leave granted to the Defendant to defend this action