SERES PROPERTIES B.V. v. LEE HOCK PUN AND ANOTHER

SERES PROPERTIES B.V. v. LEE HOCK PUN AND ANOTHER

The Consent Order did not exclusively prevent D1 from seeking to set aside the Default Judgment by other routes; the Default Judgment was irregular and therefore properly set aside ex debito justitiae; there was no abuse of process or such delay as to justify a different result; variation to order immediate summary assessment was refused because procedural preconditions were not met; both the Leave Summons and Variation Summons were dismissed and Plaintiff ordered to pay HK$42,000 to the 1st Defendant as summarily assessed costs of the summonses.

Citation
[2026] HKCFI 2102
Parties
Plaintiff: SERES PROPERTIES B.V.; 1st Defendant: LEE HOCK PUN; 2nd Defendant: WANG XULU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2026
Case Number
HCA1287/2022
Procedural Posture
Civil Action (court of First Instance) / Applications for Leave to Appeal and Variation of Costs Orders Following Interlocutory Decision
Outcome
Both the Leave Summons and the Variation Summons dismissed
Legal Topics
Setting Aside Default Judgment, Consent Orders, Leave to Appeal, Variation of Costs Orders, Summary Assessment of Costs, Abuse of Process
Source Language
EN
Civil Procedure Appeals Costs Enforcement Judgments and Orders Setting Aside Default Judgment Consent Orders Leave to Appeal +3 more

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Parties

SERES PROPERTIES B.V.

Plaintiff

LEE HOCK PUN

1st Defendant

WANG XULU

2nd Defendant

Procedural Posture

Civil Action (court of First Instance) / Applications for Leave to Appeal and Variation of Costs Orders Following Interlocutory Decision

Legal Issues

  1. 1 Construction of the Consent Order and whether it barred alternative routes to set aside a default judgment
  2. 2 Whether the Default Judgment should have been set aside despite the Consent Order
  3. 3 Whether D1's conduct amounted to abuse of process

Ratio Decidendi

The Consent Order did not exclusively prevent D1 from seeking to set aside the Default Judgment by other routes; the Default Judgment was irregular and therefore properly set aside ex debito justitiae; there was no abuse of process or such delay as to justify a different result; variation to order immediate summary assessment was refused because procedural preconditions were not met; both the Leave Summons and Variation Summons were dismissed and Plaintiff ordered to pay HK$42,000 to the 1st Defendant as summarily assessed costs of the summonses.

Court Disposition

Both the Leave Summons and the Variation Summons dismissed

Orders

  • Leave Summons dismissed
  • Variation Summons dismissed