LICAYO, JINNA DIMINO v. SCULLY, SEAN JOSEPH

LICAYO, JINNA DIMINO v. SCULLY, SEAN JOSEPH

The court held that personal service on 23 July 2021 was effective because the respondent had actual possession of the envelope containing court documents, and his conduct in refusing to accept it evidenced deliberate evasion of service; accordingly the claimant was entitled to judgment in default for damages to be...

Source-derived case information.

Citation
[2021] HKDC 1216
Parties
Claimant: Jinna Dimino Licayo; Respondent: Sean Joseph Scully
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 September 2021
Case Number
DCEO7/2021
Procedural Posture
Equal Opportunities Action / First Hearing (default Judgment Application)
Outcome
Judgment entered for the claimant against the respondent for damages to be assessed with costs up to and including the hearing, to be taxed if not agreed.
Legal Topics
Sexual Harassment, Service of Process, Default Judgment, Declaratory Relief, Damages for Injury to Feelings
Source Language
en
Discrimination Law Employment Law Civil Procedure Sexual Harassment Service of Process Default Judgment Declaratory Relief Damages for Injury to Feelings

Source-derived case record

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Parties

Jinna Dimino Licayo

Claimant

Sean Joseph Scully

Respondent

Procedural Posture

Equal Opportunities Action / First Hearing (default Judgment Application)

Legal Issues

  1. 1 Whether service of the Notice of Claim and Notice to Respondent was effective
  2. 2 Whether the respondent evaded service
  3. 3 Whether judgment in default should be entered

Ratio Decidendi

The court held that personal service on 23 July 2021 was effective because the respondent had actual possession of the envelope containing court documents, and his conduct in refusing to accept it evidenced deliberate evasion of service; accordingly the claimant was entitled to judgment in default for damages to be assessed with costs up to and including the hearing.

Court Disposition

Judgment entered for the claimant against the respondent for damages to be assessed with costs up to and including the hearing, to be taxed if not agreed.

Orders

  • Personal service on 23 July 2021 at the airport was effective; the respondent evaded service
  • Judgment for claimant for damages to be assessed