MAYAR (HK) LTD v. NAROTAM SAYAL

MAYAR (HK) LTD v. NAROTAM SAYAL

The court adjourned the assessment of damages sine die and reserved costs to be decided together with the costs of the Defendant's summons to set aside the default judgment, holding that the Defendant's solicitors could not be blamed for preparatory work done promptly after appointment and that the matter requires determination after full consideration of the evidence.

Citation
MAYAR (HK) LTD v. NAROTAM SAYAL
Parties
Plaintiff: MAYAR (H.K.) LTD; Defendant: NAROTAM SAYAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 2003
Case Number
HCA2801/2002
Procedural Posture
Civil Action (action No. 2801 of 2002) Assessment of Damages Following Default Judgment / Hearing of Assessment of Damages Adjourned Sine Die; Defendant's Summons to Set Aside Default Judgment Pending
Outcome
Assessment adjourned sine die; costs reserved to be decided with costs of the summons to set aside default judgment
Legal Topics
Default Judgment, Set Aside Judgment, Costs, Assessment of Damages, Adjournment
Source Language
EN
Civil Procedure Enforcement Judgment and Orders Default Judgment Set Aside Judgment Costs Assessment of Damages Adjournment

Case Brief

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Parties

MAYAR (H.K.) LTD

Plaintiff

NAROTAM SAYAL

Defendant

Procedural Posture

Civil Action (action No. 2801 of 2002) Assessment of Damages Following Default Judgment / Hearing of Assessment of Damages Adjourned Sine Die; Defendant's Summons to Set Aside Default Judgment Pending

Legal Issues

  1. 1 Whether costs of the adjourned hearing should be awarded against the Defendant for filing the application late
  2. 2 Whether the Defendant's solicitors acted promptly after appointment and whether lateness is excusable
  3. 3 Whether the assessment of damages should be determined before or after the summons to set aside the default judgment

Ratio Decidendi

The court adjourned the assessment of damages sine die and reserved costs to be decided together with the costs of the Defendant's summons to set aside the default judgment, holding that the Defendant's solicitors could not be blamed for preparatory work done promptly after appointment and that the matter requires determination after full consideration of the evidence.

Court Disposition

Assessment adjourned sine die; costs reserved to be decided with costs of the summons to set aside default judgment

Orders

  • Hearing of assessment of damages adjourned sine die and not to be restored until after the hearing of the Defendant's summons to set aside the default judgment
  • Costs of the hearing on 15 October 2003 reserved to be decided together with the costs of the Defendant's summons filed on 13 October 2003