WELLGLOW ASSOCIATE CO. LTD. v. NG JIT MAN

WELLGLOW ASSOCIATE CO. LTD. v. NG JIT MAN

Even though the respondent's non-disclosure regarding an address in Macau was material and rendered the substituted service order irregular, an irregular default judgment is not automatically void for the victim; the appellant must demonstrate a defence with a real prospect of success. The appellant failed to show such a defence, so the application to set aside the default judgment is dismissed.

Citation
WELLGLOW ASSOCIATE CO. LTD. v. NG JIT MAN
Parties
Plaintiff (respondent): Wellglow Associate Co. Ltd.; Defendant (appellant): Ng Jit Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 January 1996
Case Number
HCA2704/1995
Procedural Posture
Civil Debt Default Judgment Set Aside Application / Application to Set Aside Default Judgment and to Discharge Prohibition Order
Outcome
Appeal to set aside default judgment dismissed; default judgment upheld pending further hearing on the Prohibition Order and costs
Legal Topics
Substituted Service, Default Judgment, Setting Aside Judgment, Material Non Disclosure, Prohibition Order, Service Out of Jurisdiction
Source Language
EN
Civil Procedure Enforcement of Judgments Service of Process International Service/substituted Service Substituted Service Default Judgment Setting Aside Judgment Material Non Disclosure +2 more

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Parties

Wellglow Associate Co. Ltd.

Plaintiff (respondent)

Ng Jit Man

Defendant (appellant)

Procedural Posture

Civil Debt Default Judgment Set Aside Application / Application to Set Aside Default Judgment and to Discharge Prohibition Order

Legal Issues

  1. 1 Whether the respondent's failure to disclose knowledge of an address in Macau constituted material non-disclosure in the application for substituted service
  2. 2 Whether an irregular/default judgment gives the victim an absolute right to have it set aside
  3. 3 Whether the appellant has a defence with a real prospect of success such as to justify setting aside the default judgment

Ratio Decidendi

Even though the respondent's non-disclosure regarding an address in Macau was material and rendered the substituted service order irregular, an irregular default judgment is not automatically void for the victim; the appellant must demonstrate a defence with a real prospect of success. The appellant failed to show such a defence, so the application to set aside the default judgment is dismissed.

Court Disposition

Appeal to set aside default judgment dismissed; default judgment upheld pending further hearing on the Prohibition Order and costs

Orders

  • Appeal to set aside the default judgment dismissed
  • Further submissions to be heard on discharge of the Prohibition Order and on costs