NEW CASTLE INVESTMENTS LTD v. WFC HOLDING LTD AND OTHERS

NEW CASTLE INVESTMENTS LTD v. WFC HOLDING LTD AND OTHERS

Appeal allowed and the Master’s conditional order set aside because the Default Judgment was irregular: plaintiff failed to give credit for the deposit (deeming provision) such that at the date of the statutory demands there was no debt; irregularity justified unconditional setting aside of the Default Judgment and extension of time to appeal.

Citation
[2020] HKCFI 537
Parties
Plaintiff: Plaintiff (landlord); 1st Defendant: WFC; 2nd Defendant: Mr Yuan Yiqiang; 3rd Defendant: Mr Foo Wai Lok
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 March 2020
Case Number
HCA1632/2018
Procedural Posture
Civil Appeal From Master's Order (rehearing) / Court of First Instance Rehearing Appeal From Master’s Order on Paper
Outcome
Appeal allowed; Master Queenie Lau’s order of 16 September 2019 set aside; Default Judgment set aside (subject to possession paragraph)
Legal Topics
Default Judgment, Set Aside Judgment, Service of Process, Deposit Set Off, Statutory Demand, Bankruptcy Petition, Costs
Source Language
EN
Contract Civil Procedure Bankruptcy Landlord and Tenant Default Judgment Set Aside Judgment Service of Process Deposit Set Off +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Plaintiff (landlord)

Plaintiff

WFC

1st Defendant

Mr Yuan Yiqiang

2nd Defendant

Mr Foo Wai Lok

3rd Defendant

Procedural Posture

Civil Appeal From Master's Order (rehearing) / Court of First Instance Rehearing Appeal From Master’s Order on Paper

Legal Issues

  1. 1 whether appeal should be allowed out of time
  2. 2 whether service of the writ on Mr Yuan was valid
  3. 3 whether the Default Judgment was irregular

Ratio Decidendi

Appeal allowed and the Master’s conditional order set aside because the Default Judgment was irregular: plaintiff failed to give credit for the deposit (deeming provision) such that at the date of the statutory demands there was no debt; irregularity justified unconditional setting aside of the Default Judgment and extension of time to appeal.

Court Disposition

Appeal allowed; Master Queenie Lau’s order of 16 September 2019 set aside; Default Judgment set aside (subject to possession paragraph)

Orders

  • Extend time for defendants to appeal against the Master’s order to 29 October 2019
  • Except the last paragraph giving possession of the Premises to the plaintiff, the Default Judgment is set aside unconditionally