HUI CHI MING (PREVIOUSLY KNOWN AS X) v. KOON WING YEE AND OTHERS

HUI CHI MING (PREVIOUSLY KNOWN AS X) v. KOON WING YEE AND OTHERS

The interlocutory default judgment was set aside because the plaintiff demonstrated a real prospect of successfully defending the malicious prosecution counterclaim, the default was an innocent oversight with no evidence of deliberate delay, and the 3rd defendant would not be prejudiced by setting the judgment aside; the court must retain discretion to assess merits to avoid injustice.

Citation
HUI CHI MING (PREVIOUSLY KNOWN AS X) v. KOON WING YEE AND OTHERS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2015
Case Number
HCA1479/2009
Procedural Posture
Civil Tort (malicious Prosecution) / Interlocutory Application to Set Aside Default/interlocutory Judgment
Outcome
Interlocutory default judgment on 3rd defendant's counterclaim set aside; plaintiff granted unconditional leave to defend.
Legal Topics
Set Aside Default Judgment, Malicious Prosecution, Injunction, Stay of Proceedings
Source Language
EN
Civil Procedure Tort Criminal Procedure (related) Set Aside Default Judgment Malicious Prosecution Injunction Stay of Proceedings

Case Brief

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Procedural Posture

Civil Tort (malicious Prosecution) / Interlocutory Application to Set Aside Default/interlocutory Judgment

Legal Issues

  1. 1 Whether a regularly entered default/interlocutory judgment can be set aside
  2. 2 Whether plaintiff has a real prospect of successfully defending the malicious prosecution counterclaim
  3. 3 Whether the default was an innocent slip and whether setting aside would cause prejudice

Ratio Decidendi

The interlocutory default judgment was set aside because the plaintiff demonstrated a real prospect of successfully defending the malicious prosecution counterclaim, the default was an innocent oversight with no evidence of deliberate delay, and the 3rd defendant would not be prejudiced by setting the judgment aside; the court must retain discretion to assess merits to avoid injustice.

Court Disposition

Interlocutory default judgment on 3rd defendant's counterclaim set aside; plaintiff granted unconditional leave to defend.

Orders

  • Set aside the interlocutory judgment on the 3rd defendant's counterclaim dated 4 May 2015 entered against the plaintiff.
  • Plaintiff granted unconditional leave to file and serve his Reply and Defence to Counterclaim of the 3rd defendant within 14 days from the date of the order.