TONG YI SANG and Another v. FUNG, LAW & NG, SOLICITORS and Others

TONG YI SANG and Another v. FUNG, LAW & NG, SOLICITORS and Others

Relief was refused because the applicants materially breached Practice Directions and court rules, caused substantial delay, and failed to produce a verified, narrative affidavit demonstrating that their proposed defence had a real prospect of success; accordingly leave to appeal out of time and an adjournment to file further evidence were refused and the appeal dismissed with costs.

Citation
TONG YI SANG and Another v. FUNG, LAW & NG, SOLICITORS and Others
Parties
1st Plaintiff: TONG YI SANG; 2nd Plaintiff: CHU WAI CHUN; 1st Defendant: FREDERICK FUNG LAI YIN, DAVID LAW KWOK LEUNG and CHRISTOPHER NG YU HUNG trading as FUNG & LAW, SOLICITORS and subsequently trading as FUNG, LAW & NG, SOLICITORS; 2nd Defendant: WILLIAM LEUNG KA WING; 3rd Defendant: KING PUI INVESTMENT LIMITED; 4th Defendant: LOW TIM CHAI; 5th Defendant: WU SHUI NGOR, ADA trading as EXCEL PROPERTY AGENCY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 1993
Case Number
HCA2721/1993
Procedural Posture
Civil Application to Set Aside Regular/default Judgments and Appeal / Appeal From Masters Heard in Chambers; Application for Leave to Appeal Out of Time and for Adjournment to File Further Evidence
Outcome
Appeal dismissed; applications to set aside interlocutory/default judgments refused; leave to appeal out of time refused; adjournment to file further evidence refused; costs awarded to plaintiffs.
Legal Topics
Setting Aside Default Judgment, Extension of Time to Appeal, Compliance With Practice Directions, Affidavit Evidence, Adjournment, Judicial Discretion
Source Language
EN
Civil Procedure Appeal Practice Directions Property Law Professional Negligence Setting Aside Default Judgment Extension of Time to Appeal Compliance With Practice Directions +3 more

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Parties

TONG YI SANG

1st Plaintiff

CHU WAI CHUN

2nd Plaintiff

FREDERICK FUNG LAI YIN, DAVID LAW KWOK LEUNG and CHRISTOPHER NG YU HUNG trading as FUNG & LAW, SOLICITORS and subsequently trading as FUNG, LAW & NG, SOLICITORS

1st Defendant

WILLIAM LEUNG KA WING

2nd Defendant

KING PUI INVESTMENT LIMITED

3rd Defendant

LOW TIM CHAI

4th Defendant

WU SHUI NGOR, ADA trading as EXCEL PROPERTY AGENCY

5th Defendant

Procedural Posture

Civil Application to Set Aside Regular/default Judgments and Appeal / Appeal From Masters Heard in Chambers; Application for Leave to Appeal Out of Time and for Adjournment to File Further Evidence

Legal Issues

  1. 1 Whether default judgments should be set aside given lack of verified affidavit on merits
  2. 2 Whether leave to appeal out of time should be granted
  3. 3 Whether adjournment should be granted to permit further evidence on merits

Ratio Decidendi

Relief was refused because the applicants materially breached Practice Directions and court rules, caused substantial delay, and failed to produce a verified, narrative affidavit demonstrating that their proposed defence had a real prospect of success; accordingly leave to appeal out of time and an adjournment to file further evidence were refused and the appeal dismissed with costs.

Court Disposition

Appeal dismissed; applications to set aside interlocutory/default judgments refused; leave to appeal out of time refused; adjournment to file further evidence refused; costs awarded to plaintiffs.

Orders

  • Appeal dismissed
  • Leave to appeal out of time refused