KO SIN YUN v. CHAN CHUEN AND ANOTHER

KO SIN YUN v. CHAN CHUEN AND ANOTHER

Service was regular under Order 65/2/3 based on credible affidavit evidence of personal service; however the 1st defendant disclosed a bona fide arguable defence supported by documentary evidence (disputed character of payments) that required trial, therefore the interlocutory judgment was set aside and the plaintiff granted leave to amend the statement of claim with consequential directions and costs.

Citation
KO SIN YUN v. CHAN CHUEN AND ANOTHER
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 February 2006
Case Number
DCCJ6693/2004
Procedural Posture
Interlocutory Application to Set Aside Judgment Arising From Debt Recovery / Application to Set Aside Interlocutory Judgment (summary Judgment/interlocutory Judgment Stage)
Outcome
Interlocutory judgment set aside
Legal Topics
Service of Process, Setting Aside Judgment, Pleadings Amendment, Affidavit Evidence, Arguable Defence
Source Language
EN
Civil Contract Civil Procedure Debt Recovery Service of Process Setting Aside Judgment Pleadings Amendment Affidavit Evidence +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

Procedural Posture

Interlocutory Application to Set Aside Judgment Arising From Debt Recovery / Application to Set Aside Interlocutory Judgment (summary Judgment/interlocutory Judgment Stage)

Legal Issues

  1. 1 Whether service of the writ on 14 January 2005 was regular and effective
  2. 2 Whether the 1st defendant disclosed an arguable defence sufficient to set aside interlocutory judgment
  3. 3 Whether the statement of claim was defective and whether affidavit evidence can supplement pleadings

Ratio Decidendi

Service was regular under Order 65/2/3 based on credible affidavit evidence of personal service; however the 1st defendant disclosed a bona fide arguable defence supported by documentary evidence (disputed character of payments) that required trial, therefore the interlocutory judgment was set aside and the plaintiff granted leave to amend the statement of claim with consequential directions and costs.

Court Disposition

Interlocutory judgment set aside

Orders

  • Interlocutory judgment set aside
  • Costs to be borne by the 1st defendant, to be taxed if not agreed, with certificate for counsel