TSE CHUN HUNG v. MA KING YING

TSE CHUN HUNG v. MA KING YING

Extension of time under Order 3 r 5 granted and default judgment set aside because defendant credibly established lack of notice and a satisfactory explanation for delay, demonstrated real prospects of success warranting a retrial, the plaintiff had obtained judgment by deceptive assertions as to whereabouts, and the plaintiff would not be prejudiced such that justice required the judgment to stand; consequential directions and costs orders follow.

Citation
TSE CHUN HUNG v. MA KING YING
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 January 2013
Case Number
DCCJ3105/2008
Procedural Posture
District Court Civil (property/trust) / Application to Set Aside Default Judgment and Extension of Time Under Order 35 R 2 and Order 3 R 5
Outcome
Judgment and order dated 12 February 2010 set aside; extension of time granted
Legal Topics
Setting Aside Default Judgment, Substituted Service, Service of Process, Extension of Time, Costs (taxed and Indemnity)
Source Language
EN
Civil Procedure Property Law Trusts Legal Aid Setting Aside Default Judgment Substituted Service Service of Process Extension of Time +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

District Court Civil (property/trust) / Application to Set Aside Default Judgment and Extension of Time Under Order 35 R 2 and Order 3 R 5

Legal Issues

  1. 1 Whether judgment obtained in defendant's absence should be set aside
  2. 2 Whether extension of time under Order 3 r 5 should be granted to permit late application under Order 35 r 2(2)
  3. 3 Whether defendant had notice of proceedings or was properly served

Ratio Decidendi

Extension of time under Order 3 r 5 granted and default judgment set aside because defendant credibly established lack of notice and a satisfactory explanation for delay, demonstrated real prospects of success warranting a retrial, the plaintiff had obtained judgment by deceptive assertions as to whereabouts, and the plaintiff would not be prejudiced such that justice required the judgment to stand; consequential directions and costs orders follow.

Court Disposition

Judgment and order dated 12 February 2010 set aside; extension of time granted

Orders

  • Judgment and order of 12 February 2010 set aside
  • Extension of time under Order 3 r 5 granted to permit application under Order 35 r 2(2)