SOURTHWEST SECURITIES (HK) BROKERAGE LTD v. LIU SU HENG AND ANOTHER

SOURTHWEST SECURITIES (HK) BROKERAGE LTD v. LIU SU HENG AND ANOTHER

The appeal is dismissed because the 1st Defendant failed to produce potentially credible affidavit evidence demonstrating a real prospect of success based on the alleged Lee Garden Promises; the default judgment was regular; there was inexcusable delay of over two and a half years and resulting prejudice to the Plaintiff; on balance the court declines to exercise discretion to set aside the judgment.

Citation
[2021] HKCFI 863
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2021
Case Number
HCA787/2017
Procedural Posture
Civil Enforcement of Client Agreement / Debt Recovery / Appeal Against Master Martin Wong's Dismissal of Summons to Set Aside Default Judgment
Outcome
Appeal dismissed; decision of Master Martin Wong upheld
Legal Topics
Setting Aside Default Judgment, Promissory Estoppel, Misrepresentation, Delay and Prejudice, Fraud in Obtaining Judgment
Source Language
EN
Civil Procedure Contract Equity Setting Aside Default Judgment Promissory Estoppel Misrepresentation Delay and Prejudice Fraud in Obtaining Judgment

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

Procedural Posture

Civil Enforcement of Client Agreement / Debt Recovery / Appeal Against Master Martin Wong's Dismissal of Summons to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside under Order 19 rule 9
  2. 2 Whether the 1st Defendant has a meritorious defence with a real prospect of success based on alleged Lee Garden Promises (promissory estoppel)
  3. 3 Whether alleged representations by a third party (Tseng) bind the Plaintiff or excuse default

Ratio Decidendi

The appeal is dismissed because the 1st Defendant failed to produce potentially credible affidavit evidence demonstrating a real prospect of success based on the alleged Lee Garden Promises; the default judgment was regular; there was inexcusable delay of over two and a half years and resulting prejudice to the Plaintiff; on balance the court declines to exercise discretion to set aside the judgment.

Court Disposition

Appeal dismissed; decision of Master Martin Wong upheld

Orders

  • Appeal dismissed
  • Costs to the Plaintiff to be taxed if not agreed