TAT LEE FURNITURE MANUFACTORY LTD v. 澳柏設計有限公司

TAT LEE FURNITURE MANUFACTORY LTD v. 澳柏設計有限公司

The defendant's evidence was inconsistent and incredible, there was no satisfactory explanation for delay or timing of payments, and the defendant showed no real prospect of success on the merits; accordingly the application to set aside the regular judgment was dismissed and costs were ordered against the defendant.

Citation
TAT LEE FURNITURE MANUFACTORY LTD v. 澳柏設計有限公司
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 December 2008
Case Number
DCCJ5327/2007
Procedural Posture
Civil Debt Recovery / Application to Set Aside Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Judgment, Default Judgment, Payment Dispute, Settlement Agreement, Credibility
Source Language
EN
Civil Procedure Contract Debt Recovery Evidence Setting Aside Judgment Default Judgment Payment Dispute Settlement Agreement +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Debt Recovery / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether the defendant has an arguable defence sufficient to set aside a regular judgment
  2. 2 Alleged non-delivery of goods and quality complaints relating to specific invoices
  3. 3 Existence and performance of alleged settlement agreements

Ratio Decidendi

The defendant's evidence was inconsistent and incredible, there was no satisfactory explanation for delay or timing of payments, and the defendant showed no real prospect of success on the merits; accordingly the application to set aside the regular judgment was dismissed and costs were ordered against the defendant.

Court Disposition

Application dismissed

Orders

  • Application to set aside judgment dismissed
  • Order nisi that the Defendant pay costs of this application to the Plaintiff, to be taxed if not agreed, to be made absolute in 14 days