CHEUNG CHI YING AND ANOTHER v. KWOK WANG TANG AND ANOTHER

CHEUNG CHI YING AND ANOTHER v. KWOK WANG TANG AND ANOTHER

Relief from sanction was granted because the default resulted from the defendants' solicitors' mistake (marked on office file), the delay was short, prompt remedial steps were taken, and the default was not intentional or contumelious; accordingly the defendants were granted time to file and serve their Defence by 4:30 pm on 27 September 2013 and ordered to pay the plaintiffs' costs of the two summonses assessed at $39,000, with solicitors' costs disallowed and solicitors directed to repay their clients.

Citation
CHEUNG CHI YING AND ANOTHER v. KWOK WANG TANG AND ANOTHER
Parties
1st Plaintiff: Cheung Chi Ying; 2nd Plaintiff: Leung Hung Kwong; 1st Defendant: Kwok Wang Tang; 2nd Defendant: Kwok Siu Fong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 September 2013
Case Number
DCCJ1583/2013
Procedural Posture
Civil (district Court) Application for Relief From Sanction and Default Judgment Summons / Hearing and Decision on Relief Summons and Default Judgment Summons (27 September 2013)
Outcome
Relief from sanction granted; defendants ordered to file and serve Defence by 4:30 pm on 27 September 2013 or plaintiffs may enter judgment; defendants to pay plaintiffs' costs of two summonses summarily assessed at $39,000; solicitors' costs disallowed and solicitors directed to repay clients; otherwise plaintiffs'...
Legal Topics
Relief From Sanction, Unless Order, Default Judgment, Costs Assessment, Solicitor Negligence
Source Language
EN
Civil Procedure Costs Relief From Sanction Unless Order Default Judgment Costs Assessment Solicitor Negligence

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Parties

Cheung Chi Ying

1st Plaintiff

Leung Hung Kwong

2nd Plaintiff

Kwok Wang Tang

1st Defendant

Kwok Siu Fong

2nd Defendant

Procedural Posture

Civil (district Court) Application for Relief From Sanction and Default Judgment Summons / Hearing and Decision on Relief Summons and Default Judgment Summons (27 September 2013)

Legal Issues

  1. 1 Whether to grant relief from sanction for failure to comply with an unless order
  2. 2 Whether the default was intentional or contumelious or caused by solicitor error
  3. 3 Whether costs should be awarded and in what amount and who should bear them

Ratio Decidendi

Relief from sanction was granted because the default resulted from the defendants' solicitors' mistake (marked on office file), the delay was short, prompt remedial steps were taken, and the default was not intentional or contumelious; accordingly the defendants were granted time to file and serve their Defence by 4:30 pm on 27 September 2013 and ordered to pay the plaintiffs' costs of the two summonses assessed at $39,000, with solicitors' costs disallowed and solicitors directed to repay their clients.

Court Disposition

Relief from sanction granted; defendants ordered to file and serve Defence by 4:30 pm on 27 September 2013 or plaintiffs may enter judgment; defendants to pay plaintiffs' costs of two summonses summarily assessed at $39,000; solicitors' costs disallowed and solicitors directed to repay clients; otherwise plaintiffs'...

Orders

  • Relief from sanction granted in terms of paragraph 1 of the defendants' summons
  • Unless by 4:30 pm on 27 September 2013 the 1st and 2nd defendants do file and serve their Defence, the 1st and 2nd plaintiffs be at liberty to enter judgment against the 1st and 2nd defendants for the relief claimed with costs