MCGRAW-HILL, INC. v. M.S. CHOPRA

MCGRAW-HILL, INC. v. M.S. CHOPRA

Service was valid and the defendant had opportunity to defend; absence and failure to apply properly for an adjournment, together with lack of good cause, warranted entry of judgment for the plaintiff under Order 19 rule 7 in terms of the draft order as amended and initialled by the judge.

Citation
MCGRAW-HILL, INC. v. M.S. CHOPRA
Parties
Plaintiff: McGRAW-HILL, INC.; Defendant: M.S. CHOPRA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 1984
Case Number
HCA3353/1981
Procedural Posture
Civil Application for Judgment in Default of Defence / Application Under Order 19 Rule 7 (judgment in Default)
Outcome
Judgment entered for plaintiff in default of defence under Order 19 rule 7
Legal Topics
Default Judgment, Service of Process, Adjournment, Misrepresentation, Breach of Undertaking
Source Language
EN
Civil Procedure Tort Employment Default Judgment Service of Process Adjournment Misrepresentation Breach of Undertaking

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Parties

McGRAW-HILL, INC.

Plaintiff

M.S. CHOPRA

Defendant

Procedural Posture

Civil Application for Judgment in Default of Defence / Application Under Order 19 Rule 7 (judgment in Default)

Legal Issues

  1. 1 Whether service of the summons was valid
  2. 2 Whether the defendant had sufficient notice to file a defence
  3. 3 Whether there was good cause to grant an adjournment

Ratio Decidendi

Service was valid and the defendant had opportunity to defend; absence and failure to apply properly for an adjournment, together with lack of good cause, warranted entry of judgment for the plaintiff under Order 19 rule 7 in terms of the draft order as amended and initialled by the judge.

Court Disposition

Judgment entered for plaintiff in default of defence under Order 19 rule 7

Orders

  • Judgment for the plaintiff in default of defence in terms of the draft order as amended and initialled by the judge