FIRST SHANGHAI INVESTMENTS LTD. and Another v. QUON SHIU SHUNG

FIRST SHANGHAI INVESTMENTS LTD. and Another v. QUON SHIU SHUNG

Despite the defendant's poor conduct and credibility issues, the judge found there was sufficient evidence that the defendant may have performed work for the plaintiffs between 15 November 1994 and 7 February 1995 (supported by QSS9 and documents found in his office) to give his quantum meruit claim some degree of conviction; accordingly the default judgment was set aside conditionally, subject to payment into court or provision of security, and the prohibition order was extended to allow the conditional relief to operate and permit a trial on the disputed issues.

Citation
FIRST SHANGHAI INVESTMENTS LTD. and Another v. QUON SHIU SHUNG
Parties
1st Plaintiff: FIRST SHANGHAI INVESTMENTS LIMITED; 2nd Plaintiff: FIRST SHANGHAI CAPITAL LIMITED; Defendant: QUON SHIU SHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 1996
Case Number
HCA1150/1995
Procedural Posture
Application to Set Aside Default Judgment (interlocutory Civil) / Ruling in Chambers (application to Set Aside and to Permit Defence/counterclaim)
Outcome
Default judgment set aside conditionally; leave to file defence and counterclaim granted; prohibition order extended
Legal Topics
Setting Aside Default Judgment, Leave to Defend, Quantum Meruit, Prohibition Order/extension, Security for Judgment
Source Language
EN
Civil Procedure Contract Law Remedies Interim Relief Setting Aside Default Judgment Leave to Defend Quantum Meruit Prohibition Order/extension +1 more

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Parties

FIRST SHANGHAI INVESTMENTS LIMITED

1st Plaintiff

FIRST SHANGHAI CAPITAL LIMITED

2nd Plaintiff

QUON SHIU SHUNG

Defendant

Procedural Posture

Application to Set Aside Default Judgment (interlocutory Civil) / Ruling in Chambers (application to Set Aside and to Permit Defence/counterclaim)

Legal Issues

  1. 1 Whether the default judgment should be set aside
  2. 2 Whether the defendant has a serious defence with a real prospect of success
  3. 3 Whether the defendant performed services entitling him to quantum meruit

Ratio Decidendi

Despite the defendant's poor conduct and credibility issues, the judge found there was sufficient evidence that the defendant may have performed work for the plaintiffs between 15 November 1994 and 7 February 1995 (supported by QSS9 and documents found in his office) to give his quantum meruit claim some degree of conviction; accordingly the default judgment was set aside conditionally, subject to payment into court or provision of security, and the prohibition order was extended to allow the conditional relief to operate and permit a trial on the disputed issues.

Court Disposition

Default judgment set aside conditionally; leave to file defence and counterclaim granted; prohibition order extended

Orders

  • Default judgment dated 27 May 1995 set aside conditional upon the defendant paying the sums constituting the current judgment debt into court or providing security to the plaintiffs' satisfaction
  • Leave granted to the defendant to enter a defence and counterclaim within 21 days