MA HEI YIU v. CHAN KAI CHEONG formerly t/a K.C. CHAN & CO.

MA HEI YIU v. CHAN KAI CHEONG formerly t/a K.C. CHAN & CO.

The Court set aside the Registrar's dismissal and granted unconditional leave to the defendant to defend because the defendant showed a good and arguable defence: there was no causal link between any alleged negligent advice and the loss of the deposit (the title restriction was removed before the plaintiff's...

Source-derived case information.

Citation
MA HEI YIU v. CHAN KAI CHEONG formerly t/a K.C. CHAN & CO.
Parties
Plaintiff: MA HEI YIU; Defendant (appellant): CHAN KAI CHEONG (trading as K.C. CHAN & CO.)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 1996
Case Number
HCA8236/1995
Procedural Posture
Civil Appeal Against Refusal to Set Aside Default Judgment (professional Negligence / Contract) / Appeal Heard in Chambers Before High Court Judge
Outcome
Order of the Registrar set aside; unconditional leave granted to Defendant to defend Plaintiffs claim
Legal Topics
Set Aside Default Judgment, Causation, Irregular Judgment, Waiver, Leave to Defend, Deposit Forfeiture, Letter of Satisfaction
Source Language
en
Civil Procedure Contract Professional Negligence Property Law Costs Set Aside Default Judgment Causation Irregular Judgment +4 more

Source-derived case record

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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MA HEI YIU

Plaintiff

CHAN KAI CHEONG (trading as K.C. CHAN & CO.)

Defendant (appellant)

Procedural Posture

Civil Appeal Against Refusal to Set Aside Default Judgment (professional Negligence / Contract) / Appeal Heard in Chambers Before High Court Judge

Legal Issues

  1. 1 Whether negligent advice by solicitors caused the plaintiff's loss of deposit
  2. 2 Whether the default judgment was irregular because the claim sought unliquidated damages but judgment entered for a liquidated sum
  3. 3 Whether the defendant waived relief by taking subsequent steps after judgment

Ratio Decidendi

The Court set aside the Registrar's dismissal and granted unconditional leave to the defendant to defend because the defendant showed a good and arguable defence: there was no causal link between any alleged negligent advice and the loss of the deposit (the title restriction was removed before the plaintiff's breach), the claim as pleaded was for unliquidated damages making the default judgment for a fixed sum irregular, and the defendant promptly applied to set aside such that there was no waiver.

Court Disposition

Order of the Registrar set aside; unconditional leave granted to Defendant to defend Plaintiffs claim

Orders

  • Order of learned Registrar set aside
  • Unconditional leave granted to Defendant to defend the Plaintiff's claim