NEW YORK LIFE INSURANCE WORLDWIDE LTD v. CHOW WAI MAN

NEW YORK LIFE INSURANCE WORLDWIDE LTD v. CHOW WAI MAN

The appeal was dismissed because the defendant failed to show the default judgment was irregular, failed to provide full and frank explanations for multiple and lengthy delays in seeking to set aside the judgment and in appealing, and put forward a defence that was undeveloped and devoid of merit; accordingly leave to appeal out of time was refused and the appeal dismissed with costs.

Citation
NEW YORK LIFE INSURANCE WORLDWIDE LTD v. CHOW WAI MAN
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 November 2010
Case Number
DCCJ4393/2008
Procedural Posture
Application to Set Aside Default Judgment; Appeal Against Master's Order; Application for Leave to Appeal Out of Time / Hearing of Appeal Out of Time Following Master Mak's Refusal to Set Aside Default Judgment (district Court Decision)
Outcome
Appeal dismissed
Legal Topics
Default Judgment, Service of Process, Leave to Appeal Out of Time, Set Aside Judgment, Delay and Laches, Costs
Source Language
EN
Civil Procedure Debt Recovery Bankruptcy Default Judgment Service of Process Leave to Appeal Out of Time Set Aside Judgment Delay and Laches +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application to Set Aside Default Judgment; Appeal Against Master's Order; Application for Leave to Appeal Out of Time / Hearing of Appeal Out of Time Following Master Mak's Refusal to Set Aside Default Judgment (district Court Decision)

Legal Issues

  1. 1 Whether the default judgment was irregular due to improper service
  2. 2 Whether the defendant's delays in applying to set aside the judgment and in appealing are excusable
  3. 3 Whether the defendant's affidavit was full and frank

Ratio Decidendi

The appeal was dismissed because the defendant failed to show the default judgment was irregular, failed to provide full and frank explanations for multiple and lengthy delays in seeking to set aside the judgment and in appealing, and put forward a defence that was undeveloped and devoid of merit; accordingly leave to appeal out of time was refused and the appeal dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the plaintiff to be taxed if not agreed