DBS BANK (HONG KONG) LTD v. TANG HIN MING HENRY formerly t/a TANG & ASSOCIATES AND ANOTHER

DBS BANK (HONG KONG) LTD v. TANG HIN MING HENRY formerly t/a TANG & ASSOCIATES AND ANOTHER

The writ was properly served at the Hewlett Center address and Wong failed to provide convincing and compelling evidence of non-service; Wong's allegation of forgery lacked persuasive supporting evidence and she admitted conduct (signing the account opening form and being held out as partner) that made her liable to...

Source-derived case information.

Citation
[2018] HKCFI 2598
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; 2nd Defendant: Elisa Wong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 2018
Case Number
HCA664/2017
Procedural Posture
Application to Set Aside Default Judgment (debt Recovery) / Appeal to Court of First Instance From Master's Decision
Outcome
Appeal dismissed; Master’s decision affirmed
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Partnership Liability, Forgery, Costs Assessment
Source Language
en
Civil Procedure Contract Partnership Evidence Service of Process Default Judgment Setting Aside Judgment Partnership Liability +2 more

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

Elisa Wong

2nd Defendant

Procedural Posture

Application to Set Aside Default Judgment (debt Recovery) / Appeal to Court of First Instance From Master's Decision

Legal Issues

  1. 1 Whether the writ was properly served on the 2nd defendant
  2. 2 Whether the 2nd defendant has a meritorious defence with a real prospect of success
  3. 3 Whether a non-equity partner can be liable to third parties for firm debts when held out as a partner

Ratio Decidendi

The writ was properly served at the Hewlett Center address and Wong failed to provide convincing and compelling evidence of non-service; Wong's allegation of forgery lacked persuasive supporting evidence and she admitted conduct (signing the account opening form and being held out as partner) that made her liable to the plaintiff as a partner; therefore there was no real prospect of a defence and the Master’s refusal to set aside the regular default judgment was correctly upheld.

Court Disposition

Appeal dismissed; Master’s decision affirmed

Orders

  • Appeal dismissed
  • Master's refusal to set aside default judgment upheld