廖漢輝 對 廣鼎有限公司及另一人

廖漢輝 對 廣鼎有限公司及另一人

Service to the address supplied by the defendants was effective; the second defendant failed to comply with repeated case management orders and his defence was properly struck out; inconsistent and implausible explanations undermined his claim of non-receipt; accordingly the plaintiff was entitled to enter final...

Source-derived case information.

Citation
[2025] HKDC 1521
Parties
Plaintiff: LIU HONG FAI (廖漢輝); Defendant: BRIGHT TOP CORPORATION LIMITED (廣鼎有限公司); Defendant: LEE YIK KWONG (李奕廣)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 September 2025
Case Number
DCCJ3233/2023
Procedural Posture
Civil Debt Recovery Claim (loan and Personal Guarantee) / Pre Trial Review and Application to Enter Final Judgment in Default
Outcome
Default judgment entered against both defendants for HK$750,000 plus interest and costs; interlocutory order made; scheduled trial vacated.
Legal Topics
Default Judgment, Service of Documents, Striking Out Defence, Representation of Corporation
Source Language
ch
Civil Procedure Debt Recovery Court Rules Compliance Default Judgment Service of Documents Striking Out Defence Representation of Corporation

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Parties

LIU HONG FAI (廖漢輝)

Plaintiff

BRIGHT TOP CORPORATION LIMITED (廣鼎有限公司)

Defendant

LEE YIK KWONG (李奕廣)

Defendant

Procedural Posture

Civil Debt Recovery Claim (loan and Personal Guarantee) / Pre Trial Review and Application to Enter Final Judgment in Default

  1. 1 Whether service to the address provided by defendants was effective
  2. 2 Whether the defendant's defence was properly struck out for failure to comply with court orders
  3. 3 Whether final judgment in default should be entered for the specified sum and interest

Ratio Decidendi

Service to the address supplied by the defendants was effective; the second defendant failed to comply with repeated case management orders and his defence was properly struck out; inconsistent and implausible explanations undermined his claim of non-receipt; accordingly the plaintiff was entitled to enter final judgment in default for the principal sum, contractual interest and costs, and the scheduled trial was vacated.

Court Disposition

Default judgment entered against both defendants for HK$750,000 plus interest and costs; interlocutory order made; scheduled trial vacated.

Orders

  • Judgment for plaintiff against first and second defendants for HK$750,000.00 and interest at 18% per annum from 1 February 2023 to date of judgment, thereafter at judgment rate.
  • Interim (provisional) order made; to become absolute if no opposition filed within 14 days.