CHUNG CHI LEUNG t/a SHING CHEONG ELECTRICAL WORKS CO v. WAYTON ENGINEERING CO LTD

CHUNG CHI LEUNG t/a SHING CHEONG ELECTRICAL WORKS CO v. WAYTON ENGINEERING CO LTD

The court found there was an agreement between solicitors to extend the prescribed time which was material to the plaintiff's ex parte/default judgment application; the plaintiff's failure to disclose the defendant's intention to defend and the extension rendered the default judgment irregular and it was set aside; alternatively the defendant demonstrated a meritorious defence with a real prospect of success.

Citation
CHUNG CHI LEUNG t/a SHING CHEONG ELECTRICAL WORKS CO v. WAYTON ENGINEERING CO LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2014
Case Number
DCCJ593/2014
Procedural Posture
Civil Application to Set Aside Default Judgment / Application to Set Aside Default Judgment After Default Judgment Entered
Outcome
Default judgment set aside as irregular; order nisi for costs to defendant to be made absolute in 14 days
Legal Topics
Setting Aside Default Judgment, Material Non Disclosure, Extension of Time, Service of Writ, Meritorious Defence, Quantum
Source Language
EN
Civil Procedure Contract Law Construction Law Setting Aside Default Judgment Material Non Disclosure Extension of Time Service of Writ Meritorious Defence +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Application to Set Aside Default Judgment / Application to Set Aside Default Judgment After Default Judgment Entered

Legal Issues

  1. 1 Whether there was an agreement to extend the prescribed time to acknowledge service and defend
  2. 2 Whether the plaintiff materially failed to disclose that agreement when applying for default judgment rendering the judgment irregular
  3. 3 Whether the defendant has a meritorious defence with a real prospect of success

Ratio Decidendi

The court found there was an agreement between solicitors to extend the prescribed time which was material to the plaintiff's ex parte/default judgment application; the plaintiff's failure to disclose the defendant's intention to defend and the extension rendered the default judgment irregular and it was set aside; alternatively the defendant demonstrated a meritorious defence with a real prospect of success.

Court Disposition

Default judgment set aside as irregular; order nisi for costs to defendant to be made absolute in 14 days

Orders

  • Judgment set aside
  • Order nisi that the plaintiff pay costs of this application to the defendant with certificate for counsel, to be taxed if not agreed, to be made absolute in 14 days