MAXCOLM FINANCE LTD v. CHAN CHIN HUNG AND ANOTHER

MAXCOLM FINANCE LTD v. CHAN CHIN HUNG AND ANOTHER

The Order was set aside because both defendants had died before commencement of proceedings; without a carry on order the originating summons could not be validly served on their estates under Order 15 r 6A(3), rendering the default judgment irregular and justifying setting it aside with no order as to costs.

Citation
[2026] HKDC 472
Parties
Plaintiff: MAXCOLM FINANCE LIMTIED; 1st Defendant: CHAN CHIN HUNG（陳戰雄）; 2nd Defendant: SZETO CHUEN YING MAGGIE
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 March 2026
Case Number
DCMP3829/2025
Procedural Posture
Miscellaneous Proceedings / Application to Set Aside Default Judgment (paper Disposal)
Outcome
Order set aside; no order as to costs
Legal Topics
Setting Aside Default Judgment, Service on Deceased, Carry on Order, Mortgage Enforcement, Sale of Jointly Owned Property
Source Language
EN
Civil Procedure Probate and Estates Property Law Mortgage Enforcement Partition Law Setting Aside Default Judgment Service on Deceased Carry on Order +1 more

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Parties

MAXCOLM FINANCE LIMTIED

Plaintiff

CHAN CHIN HUNG（陳戰雄）

1st Defendant

SZETO CHUEN YING MAGGIE

2nd Defendant

Procedural Posture

Miscellaneous Proceedings / Application to Set Aside Default Judgment (paper Disposal)

Legal Issues

  1. 1 Whether proceedings commenced against deceased defendants without a carry on order rendered service and resulting default judgment ineffective or irregular
  2. 2 Whether Order 15 rule 6A(3) treats an action commenced by or against a deceased person as commenced by or against the estate
  3. 3 Whether the default Order should be set aside

Ratio Decidendi

The Order was set aside because both defendants had died before commencement of proceedings; without a carry on order the originating summons could not be validly served on their estates under Order 15 r 6A(3), rendering the default judgment irregular and justifying setting it aside with no order as to costs.

Court Disposition

Order set aside; no order as to costs

Orders

  • Order of Deputy District Judge Zabrina Lau dated 23 September 2025 set aside
  • No order as to costs