HONG KONG INTERNATIONAL TERMINALS LTD v. FULL HOUSE CONSTRUCTION AND ENGINEERING CO LTD

HONG KONG INTERNATIONAL TERMINALS LTD v. FULL HOUSE CONSTRUCTION AND ENGINEERING CO LTD

The appeal is allowed and the default judgment is set aside because the defendant demonstrated reasonable prospects of success; the court emphasised that s.92(2) imposes an obligation on the Registrar to record changes of registered office promptly and that failure to do so can prejudice parties and justify relief in appropriate cases.

Citation
HONG KONG INTERNATIONAL TERMINALS LTD v. FULL HOUSE CONSTRUCTION AND ENGINEERING CO LTD
Parties
Plaintiff/respondent: Hong Kong International Terminals Limited; Defendant/appellant: Full House Construction and Engineering Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 May 1990
Case Number
HCA2412/1990
Procedural Posture
Civil Appeal (setting Aside Default Judgment) / Interlocutory Appeal Heard in Chambers; Judgment Allowing Appeal Delivered
Outcome
Appeal allowed; default judgment set aside
Legal Topics
Registered Office, Companies Ordinance S.92(2), Service of Process, Default Judgment, Setting Aside Judgment, Costs
Source Language
EN
Companies Law Civil Procedure Tort (property Damage) Registered Office Companies Ordinance S.92(2) Service of Process Default Judgment Setting Aside Judgment +1 more

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Parties

Hong Kong International Terminals Limited

Plaintiff/respondent

Full House Construction and Engineering Company Limited

Defendant/appellant

Procedural Posture

Civil Appeal (setting Aside Default Judgment) / Interlocutory Appeal Heard in Chambers; Judgment Allowing Appeal Delivered

Legal Issues

  1. 1 Whether the defendant demonstrated reasonable prospects of success to justify setting aside a default judgment
  2. 2 Whether delay by the Registrar of Companies in recording a change of registered office can prejudice service and affect relief
  3. 3 Appropriate allocation of costs on an appeal of this nature

Ratio Decidendi

The appeal is allowed and the default judgment is set aside because the defendant demonstrated reasonable prospects of success; the court emphasised that s.92(2) imposes an obligation on the Registrar to record changes of registered office promptly and that failure to do so can prejudice parties and justify relief in appropriate cases.

Court Disposition

Appeal allowed; default judgment set aside

Orders

  • Default judgment entered on 3 May 1990 is set aside.
  • The costs of the appeal are to be the plaintiff's costs in the cause (plaintiff will not pay the costs of the setting-aside; plaintiff's right to recover the costs of the appeal depends on being proved right overall on the merits).