TAM SHU PO v. NG CHOR BIU AND OTHERS

TAM SHU PO v. NG CHOR BIU AND OTHERS

Despite the applicant's weak explanation for delay, there existed an arguable defence that he was not the employer; because the merits were material and an arguable defence was shown, the default judgment was set aside and a hearing of the substantive issues ordered.

Citation
TAM SHU PO v. NG CHOR BIU AND OTHERS
Parties
Defendant/applicant: TAM SHU PO; Claimants/respondents: NG CHOR BIU AND 9 OTHERS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 January 1989
Case Number
HCLA38/1988
Procedural Posture
Labour Tribunal Appeal / Decision on Application to Set Aside Default Judgment
Outcome
Appeal succeeds; judgment set aside and hearing of substantive issues ordered.
Legal Topics
Setting Aside Default Judgment, Arguable Defence, Delay in Applying, Costs
Source Language
EN
Employment Law Civil Procedure Tribunal Procedure Setting Aside Default Judgment Arguable Defence Delay in Applying Costs

Case Brief

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Parties

TAM SHU PO

Defendant/applicant

NG CHOR BIU AND 9 OTHERS

Claimants/respondents

Procedural Posture

Labour Tribunal Appeal / Decision on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the judgment should be set aside despite delay in application
  2. 2 Whether the applicant has an arguable defence that he was not the employer

Ratio Decidendi

Despite the applicant's weak explanation for delay, there existed an arguable defence that he was not the employer; because the merits were material and an arguable defence was shown, the default judgment was set aside and a hearing of the substantive issues ordered.

Court Disposition

Appeal succeeds; judgment set aside and hearing of substantive issues ordered.

Orders

  • Judgment set aside
  • Hearing of substantive issues to be held