CHAN YEUK PING v. WANG WEI MING

CHAN YEUK PING v. WANG WEI MING

The court accepted the defendant's credible evidence of non-receipt and lack of knowledge and found the plaintiff's materials insufficient to cast doubt on that evidence; therefore service by insertion at the TKW address was ineffective and paragraphs 2 to 4 of the Order were irregular and are set aside.

Citation
[2019] HKCFI 1634
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2019
Case Number
HCMP1744/2016
Procedural Posture
Originating Summons (trusts) / Application to Set Aside Irregular Default Order (post Judgment)
Outcome
Paragraphs 2 to 4 of the Order set aside; paragraph 1 left undisturbed.
Legal Topics
Setting Aside Default Judgment, Service by Insertion Through Letterbox, Irregular Service, Order for Account, Damages for Breach of Trust
Source Language
EN
Trusts Civil Procedure Service of Process Company Law Setting Aside Default Judgment Service by Insertion Through Letterbox Irregular Service Order for Account +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Originating Summons (trusts) / Application to Set Aside Irregular Default Order (post Judgment)

Legal Issues

  1. 1 Whether service by insertion through the defendant's letter box at the TKW address was effective
  2. 2 Whether the defendant had acquired knowledge of the originating summons before the court granted the order
  3. 3 Whether paragraphs 2 to 4 of the Order should be set aside while leaving paragraph 1 intact

Ratio Decidendi

The court accepted the defendant's credible evidence of non-receipt and lack of knowledge and found the plaintiff's materials insufficient to cast doubt on that evidence; therefore service by insertion at the TKW address was ineffective and paragraphs 2 to 4 of the Order were irregular and are set aside.

Court Disposition

Paragraphs 2 to 4 of the Order set aside; paragraph 1 left undisturbed.

Orders

  • Paragraphs 2 to 4 of the Order set aside
  • Paragraph 1 of the Order remains in force