CONNAUGHT REAL ESTATE LTD AND ANOTHER v. PRIMOCARGO AGENCY LTD

CONNAUGHT REAL ESTATE LTD AND ANOTHER v. PRIMOCARGO AGENCY LTD

The default judgment was irregular because it was entered for an excessive amount without credit for payment; following Po Kwong and Kerry Freight the court will set aside such an irregular judgment without considering the merits of the defence, exercise its residual discretion not to impose terms in the circumstances, and order costs for the defendant.

Citation
CONNAUGHT REAL ESTATE LTD AND ANOTHER v. PRIMOCARGO AGENCY LTD
Parties
1st Plaintiff: CONNAUGHT REAL ESTATE LIMITED; 2nd Plaintiff: DAWNS LIGHT INTERNATIONAL LIMITED; Defendant: PRIMOCARGO AGENCY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 August 2008
Case Number
DCCJ935/2008
Procedural Posture
Civil Action Landlord and Tenant (possession and Debt) / Application to Set Aside Default Judgment — Decision on Summons
Outcome
Judgment set aside; plaintiffs' summons to amend dismissed
Legal Topics
Default Judgment, Set Aside Judgment, Tenancy Agreement, Rent Arrears, Estoppel, Costs
Source Language
EN
Civil Procedure Landlord and Tenant Law Contract Default Judgment Set Aside Judgment Tenancy Agreement Rent Arrears Estoppel +1 more

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Parties

CONNAUGHT REAL ESTATE LIMITED

1st Plaintiff

DAWNS LIGHT INTERNATIONAL LIMITED

2nd Plaintiff

PRIMOCARGO AGENCY LIMITED

Defendant

Procedural Posture

Civil Action Landlord and Tenant (possession and Debt) / Application to Set Aside Default Judgment — Decision on Summons

Legal Issues

  1. 1 Whether the default judgment entered for an excessive amount was a regular or irregular judgment
  2. 2 If irregular, whether the judgment should be set aside as of right or whether the merits of the defence should be considered
  3. 3 Whether the defendant has shown a meritorious defence

Ratio Decidendi

The default judgment was irregular because it was entered for an excessive amount without credit for payment; following Po Kwong and Kerry Freight the court will set aside such an irregular judgment without considering the merits of the defence, exercise its residual discretion not to impose terms in the circumstances, and order costs for the defendant.

Court Disposition

Judgment set aside; plaintiffs' summons to amend dismissed

Orders

  • The default judgment entered on 17 April 2008 is set aside
  • The plaintiffs' summons to amend the judgment is dismissed