CHENG KWOK SING v. TAM PING

CHENG KWOK SING v. TAM PING

The summons was adjourned because the evidence of service was insufficient: there was no particularised evidence that the defendant was within the jurisdiction when the writs were inserted or that the insertion brought the proceedings to his attention, rendering the purported service potentially irregular.

Source-derived case information.

Citation
[2023] HKCFI 2355
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 2023
Case Number
HCA190/2023
Procedural Posture
Application for Default Judgment (declaration of Constructive Trust Over Matrimonial Property) / Hearing in Chambers; Summons Adjourned to a Date to Be Fixed
Outcome
Summons adjourned to a date to be fixed; no order as to costs
Legal Topics
Service of Process, Constructive Trust, Default Judgment, Jurisdictional Service, Divorce
Source Language
en
Civil Procedure Property Law Trusts Family Law Service of Process Constructive Trust Default Judgment Jurisdictional Service +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application for Default Judgment (declaration of Constructive Trust Over Matrimonial Property) / Hearing in Chambers; Summons Adjourned to a Date to Be Fixed

Legal Issues

  1. 1 Whether service by insertion of writs through the Property letter box pursuant to O.10 r.1(2)(b) was valid
  2. 2 Whether the defendant was within the jurisdiction when service was effected
  3. 3 Whether the purported service brought the proceedings to the defendant's attention

Ratio Decidendi

The summons was adjourned because the evidence of service was insufficient: there was no particularised evidence that the defendant was within the jurisdiction when the writs were inserted or that the insertion brought the proceedings to his attention, rendering the purported service potentially irregular.

Court Disposition

Summons adjourned to a date to be fixed; no order as to costs

Orders

  • Summons adjourned to a date to be fixed
  • No order as to costs