NG WAI CHIU v. SKIN CLUB (SHOCK TREATMENT) LTD AND ANOTHER

NG WAI CHIU v. SKIN CLUB (SHOCK TREATMENT) LTD AND ANOTHER

The court set aside the default judgment as against the 1st Defendant unconditionally because the 1st Defendant demonstrated a meritorious defence with a real prospect of success such that the matter should be tried; the charging order nisi was discharged and leave was granted to the 1st Defendant to file acknowledgment and defence; costs of the summons were awarded to the Plaintiff.

Citation
NG WAI CHIU v. SKIN CLUB (SHOCK TREATMENT) LTD AND ANOTHER
Parties
Plaintiff: Ng Wai Chiu; 1st Defendant: Skin Club (Shock Treatment) Limited; 2nd Defendant: Turbo Rich International Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 September 2007
Case Number
DCCJ18/2007
Procedural Posture
Civil Contract / Application to Set Aside Default Judgment and Discharge Charging Order Nisi
Outcome
Judgment against 1st Defendant set aside unconditionally; Charging Order Nisi discharged; 1st Defendant permitted to enter defence; costs awarded to Plaintiff
Legal Topics
Default Judgment, Setting Aside Judgment, Corporate Veil, Agency, Frustration, Charging Order, Payment Into Court, Pyramid Selling Allegations
Source Language
EN
Contract Civil Procedure Company Law Equity Default Judgment Setting Aside Judgment Corporate Veil Agency +4 more

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Parties

Ng Wai Chiu

Plaintiff

Skin Club (Shock Treatment) Limited

1st Defendant

Turbo Rich International Limited

2nd Defendant

Procedural Posture

Civil Contract / Application to Set Aside Default Judgment and Discharge Charging Order Nisi

Legal Issues

  1. 1 Whether the default judgment against the 1st Defendant should be set aside
  2. 2 Whether the 1st Defendant has a meritorious defence with a real prospect of success
  3. 3 Whether the corporate veil between the 1st and 2nd Defendants should be lifted

Ratio Decidendi

The court set aside the default judgment as against the 1st Defendant unconditionally because the 1st Defendant demonstrated a meritorious defence with a real prospect of success such that the matter should be tried; the charging order nisi was discharged and leave was granted to the 1st Defendant to file acknowledgment and defence; costs of the summons were awarded to the Plaintiff.

Court Disposition

Judgment against 1st Defendant set aside unconditionally; Charging Order Nisi discharged; 1st Defendant permitted to enter defence; costs awarded to Plaintiff

Orders

  • Judgment insofar as it relates to the 1st Defendant is set aside unconditionally
  • Charging Order Nisi discharged