刘跃超 AND OTHERS v. TIHIMI RESOURCES LTD

刘跃超 AND OTHERS v. TIHIMI RESOURCES LTD

The court held that the defendant demonstrated a defence with a real prospect of success—notably that the written employment contracts are governed by Mainland law—and that, weighed with other relevant factors, this justified setting aside the default judgment and necessitated consideration of any stay of liquidation; the court emphasised the liquidators' duty to consider the position.

Citation
[2019] HKCFI 2016
Parties
Plaintiff: Plaintiffs; Defendant: TIHIMI RESOURCES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 August 2019
Case Number
HCA624/2015
Procedural Posture
Appeal (winding Up/liquidation; Setting Aside Default Judgment) / Decision
Outcome
Decision on appeal: court found the defendant had a strong case that the employment contracts were governed by Mainland law and that, when other relevant factors were weighed in, this justified setting aside the default judgment and required consideration of any stay of liquidation.
Legal Topics
Setting Aside Default Judgment (o.13 R.9), Real Prospect Test for Defence, Governing Law of Employment Contracts, Stay of Liquidation, Duties of Liquidators
Source Language
EN
Company Law Insolvency Civil Procedure Employment Law Private International Law Setting Aside Default Judgment (o.13 R.9) Real Prospect Test for Defence Governing Law of Employment Contracts +2 more

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Parties

Plaintiffs

Plaintiff

TIHIMI RESOURCES LIMITED

Defendant

Procedural Posture

Appeal (winding Up/liquidation; Setting Aside Default Judgment) / Decision

Legal Issues

  1. 1 Whether the default judgment should be set aside under O.13 r.9
  2. 2 Whether the defendant can show a defence with a real prospect of success
  3. 3 Whether the written employment contracts are governed by Mainland law or Hong Kong law

Ratio Decidendi

The court held that the defendant demonstrated a defence with a real prospect of success—notably that the written employment contracts are governed by Mainland law—and that, weighed with other relevant factors, this justified setting aside the default judgment and necessitated consideration of any stay of liquidation; the court emphasised the liquidators' duty to consider the position.

Court Disposition

Decision on appeal: court found the defendant had a strong case that the employment contracts were governed by Mainland law and that, when other relevant factors were weighed in, this justified setting aside the default judgment and required consideration of any stay of liquidation.