HONG KONG CHILDREN ASSOCIATION v. CHAN MEI KEE AND ANOTHER

HONG KONG CHILDREN ASSOCIATION v. CHAN MEI KEE AND ANOTHER

The defendants had no valid complaint about non‑service and had failed to act within the prescribed time for acknowledgement of service; therefore the plaintiff was entitled to take out the interlocutory judgment under Order 13 r.6 and to recover the reasonable costs incurred in preparing and serving the summons up to 12:28 p.m. on 21 November 2000 (HK$1,000).

Citation
HONG KONG CHILDREN ASSOCIATION v. CHAN MEI KEE AND ANOTHER
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2000
Case Number
HCA9588/2000
Procedural Posture
Defamation (civil) / Interlocutory Application for Default Judgment Under Order 13 R.6 (application in Chambers)
Outcome
Plaintiff's application for interlocutory judgment in default of defence allowed; costs awarded to plaintiff.
Legal Topics
Default Judgment, Service of Process, Interlocutory Injunction, Strike Out Application, Costs of Interlocutory Applications
Source Language
EN
Civil Procedure Defamation Costs Default Judgment Service of Process Interlocutory Injunction Strike Out Application Costs of Interlocutory Applications

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

Procedural Posture

Defamation (civil) / Interlocutory Application for Default Judgment Under Order 13 R.6 (application in Chambers)

Legal Issues

  1. 1 Whether the plaintiff was entitled to interlocutory judgment in default of defence under Order 13 r.6
  2. 2 Whether the defendants had validly alleged non‑service and whether time for acknowledgement of service had expired
  3. 3 Whether the plaintiff was obliged to delay taking out the default judgment application pending the defendants' intended strike out application

Ratio Decidendi

The defendants had no valid complaint about non‑service and had failed to act within the prescribed time for acknowledgement of service; therefore the plaintiff was entitled to take out the interlocutory judgment under Order 13 r.6 and to recover the reasonable costs incurred in preparing and serving the summons up to 12:28 p.m. on 21 November 2000 (HK$1,000).

Court Disposition

Plaintiff's application for interlocutory judgment in default of defence allowed; costs awarded to plaintiff.

Orders

  • Defendants to pay to the Plaintiff HK$1,000.00 being the costs for preparing and serving the Plaintiff's summons for the default judgment application.