Ng Ngon Kwan, Stephen v. Hideaki Minami and Another

Ng Ngon Kwan, Stephen v. Hideaki Minami and Another

Notice did not comply with Order 19 Rule 8A because it was addressed to the client rather than the solicitor despite being sent to the solicitor's address; that non-compliance rendered the default judgment irregular and, applying Order 19 Rule 9, the court in its wide discretion set the default judgment aside unconditionally because the defendant demonstrated an arguable defence and justice required the judgment be set aside.

Citation
Ng Ngon Kwan, Stephen v. Hideaki Minami and Another
Parties
Plaintiff: Ng Ngon Kwan, Stephen; 1st Defendant: Hideaki Minami; 2nd Defendant: Kenneth Douglas Sato
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 November 2001
Case Number
DCCJ7989/2001
Procedural Posture
Civil Debt and Contractual Enforcement Arising From Labour Tribunal Award and Deed of Settlement / Application to Set Aside Default Judgment (interlocutory)
Outcome
Default judgment set aside unconditionally
Legal Topics
Default Judgment, Service of Process by Post, Setting Aside Judgment, Extension of Time (time Summons), Duress/unconscionable Bargain, Costs, Publication of Judgment
Source Language
EN
Civil Procedure Contract Employment Law Civil Enforcement Default Judgment Service of Process by Post Setting Aside Judgment Extension of Time (time Summons) +3 more

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Parties

Ng Ngon Kwan, Stephen

Plaintiff

Hideaki Minami

1st Defendant

Kenneth Douglas Sato

2nd Defendant

Procedural Posture

Civil Debt and Contractual Enforcement Arising From Labour Tribunal Award and Deed of Settlement / Application to Set Aside Default Judgment (interlocutory)

Legal Issues

  1. 1 Whether the notice of intention to enter default judgment complied with Order 19 Rule 8A when addressed to the client but sent to the solicitor's address
  2. 2 Whether entry of default judgment was irregular and consequences thereof
  3. 3 Whether taking out a time summons prevents entry of default judgment absent a court order/stay

Ratio Decidendi

Notice did not comply with Order 19 Rule 8A because it was addressed to the client rather than the solicitor despite being sent to the solicitor's address; that non-compliance rendered the default judgment irregular and, applying Order 19 Rule 9, the court in its wide discretion set the default judgment aside unconditionally because the defendant demonstrated an arguable defence and justice required the judgment be set aside.

Court Disposition

Default judgment set aside unconditionally

Orders

  • Default judgment set aside unconditionally
  • Leave to 1st Defendant to file and serve a defence within 14 days from date of judgment