POON TING CHAU v. WONG KWOK CHI AND ANOTHER

POON TING CHAU v. WONG KWOK CHI AND ANOTHER

The ex parte Examination Orders and Substituted Service Orders were validly made; the plaintiff failed to prove material non‑disclosure or falsity in the evidence for substituted service; the attempts to serve personally justified substituted service on the evidence of evasion; clerical errors were amendable under Order 20 r11 and did not invalidate the orders; therefore the appeals to set aside the orders fail and are dismissed with costs.

Citation
POON TING CHAU v. WONG KWOK CHI AND ANOTHER
Parties
Plaintiff: Poon Ting Chau; 1st Defendant: Wong Kwok Chi; 2nd Defendant: Yam Wing Han Agnes
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2006
Case Number
HCMP5314/2002
Procedural Posture
Civil Enforcement/examination Appeals / Appeal From Masters' Orders (rehearing) at Court of First Instance
Outcome
Appeals dismissed
Legal Topics
Ex Parte Applications, Examination of Debtor, Substituted Service, Duty of Full and Frank Disclosure, Amendment of Orders, Costs Assessment
Source Language
EN
Civil Procedure Enforcement Costs Service Ex Parte Applications Examination of Debtor Substituted Service Duty of Full and Frank Disclosure +2 more

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Parties

Poon Ting Chau

Plaintiff

Wong Kwok Chi

1st Defendant

Yam Wing Han Agnes

2nd Defendant

Procedural Posture

Civil Enforcement/examination Appeals / Appeal From Masters' Orders (rehearing) at Court of First Instance

Legal Issues

  1. 1 Whether ex parte Examination Orders and Substituted Service Orders were valid
  2. 2 Whether applicant (plaintiff) demonstrated material non-disclosure by respondent on ex parte applications
  3. 3 Whether substituted service was justified and personal service could be dispensed with

Ratio Decidendi

The ex parte Examination Orders and Substituted Service Orders were validly made; the plaintiff failed to prove material non‑disclosure or falsity in the evidence for substituted service; the attempts to serve personally justified substituted service on the evidence of evasion; clerical errors were amendable under Order 20 r11 and did not invalidate the orders; therefore the appeals to set aside the orders fail and are dismissed with costs.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Order nisi that the plaintiff pay the 1st defendant the costs of the appeals assessed at 4375 HKD pursuant to Order 62 r9(4)(b) of the Rules of the High Court