LO WING KWONG AND ANOTHER t/a HSIN PAO FROZEN FOODS (BUN KEE) v. GRAND LORD SEAFOOD RESTAURANT

LO WING KWONG AND ANOTHER t/a HSIN PAO FROZEN FOODS (BUN KEE) v. GRAND LORD SEAFOOD RESTAURANT

Service of the writ by leaving it at the Sheung Shui address was effective under s.356 because the address remained the registered office on the Companies Register at the time of service; the judgment was therefore regular, but the defendant demonstrated a real prospect of success because there are substantive disputes as to authenticity of invoices and contract authority that could well be established at trial, so the default judgment is set aside.

Citation
LO WING KWONG AND ANOTHER t/a HSIN PAO FROZEN FOODS (BUN KEE) v. GRAND LORD SEAFOOD RESTAURANT
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 June 2006
Case Number
DCCJ148/2005
Procedural Posture
Debt/contract / Application to Set Aside Default Judgment Under Order 13 R.9 RDC
Outcome
default judgment dated 7 February 2005 set aside
Legal Topics
Service of Process, Default Judgment, Change of Registered Office, Set Aside Judgment, Prospect of Success, Costs
Source Language
EN
Civil Procedure Company Law Contract Law Service of Process Default Judgment Change of Registered Office Set Aside Judgment Prospect of Success +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Debt/contract / Application to Set Aside Default Judgment Under Order 13 R.9 RDC

Legal Issues

  1. 1 whether service by leaving the writ at the registered office under s.356 Companies Ordinance was effective despite the company's vacating of the premises
  2. 2 whether the default judgment was regular or irregular
  3. 3 whether the defendant has a real prospect of success to set aside a regular judgment

Ratio Decidendi

Service of the writ by leaving it at the Sheung Shui address was effective under s.356 because the address remained the registered office on the Companies Register at the time of service; the judgment was therefore regular, but the defendant demonstrated a real prospect of success because there are substantive disputes as to authenticity of invoices and contract authority that could well be established at trial, so the default judgment is set aside.

Court Disposition

default judgment dated 7 February 2005 set aside

Orders

  • The default judgment dated 7 February 2005 entered against the Defendant be set aside
  • Order nisi on costs of and incidental to the Defendant's setting aside application to be paid by the Defendant in any event, with counsel's certificate, to be taxed if not agreed