PSI ELECTRONICS LTD v. BMS CHINA LTD

PSI ELECTRONICS LTD v. BMS CHINA LTD

Defendant failed to produce credible evidence (samples, test reports or contemporaneous acceptance) to show a real prospect of success on its defences and the alleged counter-claim was unrelated and could not operate as an equitable set-off, therefore the application to set aside the default judgment was dismissed and the judgment stands.

Citation
PSI ELECTRONICS LTD v. BMS CHINA LTD
Parties
Plaintiff: PSI Electronics Limited; Defendant: BMS China Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 June 2006
Case Number
HCA2477/2005
Procedural Posture
Application to Set Aside Default Judgment / Decision
Outcome
Application to set aside default judgment dismissed; default judgment stands.
Legal Topics
Set Aside Default Judgment, Sale by Sample, Sale by Description, Counter Claim, Equitable Set Off, Costs
Source Language
EN
Civil Procedure Contract Law Commercial Law Set Aside Default Judgment Sale by Sample Sale by Description Counter Claim Equitable Set Off +1 more

Case Brief

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Parties

PSI Electronics Limited

Plaintiff

BMS China Limited

Defendant

Procedural Posture

Application to Set Aside Default Judgment / Decision

Legal Issues

  1. 1 Whether the defendant discharged the burden to show by credible evidence a real prospect of success to set aside a regular default judgment
  2. 2 Whether the sale was by sample and goods failed to correspond to sample (dB70 standard)
  3. 3 Whether the sale was by description and goods failed to match the description (dB requirement)

Ratio Decidendi

Defendant failed to produce credible evidence (samples, test reports or contemporaneous acceptance) to show a real prospect of success on its defences and the alleged counter-claim was unrelated and could not operate as an equitable set-off, therefore the application to set aside the default judgment was dismissed and the judgment stands.

Court Disposition

Application to set aside default judgment dismissed; default judgment stands.

Orders

  • Judgment shall stand
  • The rest of the summons is dismissed