劉愛娣 v. 干淑敏

劉愛娣 v. 干淑敏

Although the default judgment was regular because of valid service by ordinary post, the defendant demonstrated a meritorious defence with a real prospect of success based on her account and Labour Tribunal materials; accordingly the appeal is allowed and the default judgment of 27 November 2013 is set aside, with specified costs directions.

Citation
劉愛娣 v. 干淑敏
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 July 2014
Case Number
DCCJ4234/2012
Procedural Posture
Civil Appeal Against Refusal to Set Aside Default Judgment / Appeal Hearing (district Court)
Outcome
Appeal allowed; default judgment dated 27 November 2013 set aside
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Meritorious Defence, Res Judicata, Set Off, Costs
Source Language
EN
Civil Procedure Debt Recovery Labour Law Default Judgment Service of Process Setting Aside Judgment Meritorious Defence Res Judicata +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Appeal Against Refusal to Set Aside Default Judgment / Appeal Hearing (district Court)

Legal Issues

  1. 1 Whether the default judgment was regular
  2. 2 Whether service by ordinary post was valid
  3. 3 Whether the defendant has a meritorious defence with a real prospect of success to set aside a regularly entered default judgment

Ratio Decidendi

Although the default judgment was regular because of valid service by ordinary post, the defendant demonstrated a meritorious defence with a real prospect of success based on her account and Labour Tribunal materials; accordingly the appeal is allowed and the default judgment of 27 November 2013 is set aside, with specified costs directions.

Court Disposition

Appeal allowed; default judgment dated 27 November 2013 set aside

Orders

  • Default judgment entered on 27 November 2013 set aside
  • Costs order made by the master on that occasion not disturbed