TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS

TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS

The court refused relief from the sanction of the Unless Order because the 3rd defendant deliberately evaded service and orders and his default was intentional and contumelious (or at minimum demonstrated deliberate avoidance); accordingly the Amended Defence of the 1st and 3rd defendants remains struck out, default...

Source-derived case information.

Citation
TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP CO LTD AND ANOTHER v. TOP ONE PROPERTY GROUP LTD AND OTHERS
Parties
1st Plaintiff: TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP COMPANY LIMITED; 2nd Plaintiff: THE BANK OF NEW YORK MELLON; 1st Defendant: TOP ONE PROPERTY GROUP LIMITED; 2nd Defendant: PO FOR YAU; 3rd Defendant: SUN JIANGRONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2010
Case Number
HCA1244/2009
Procedural Posture
Civil Commercial Litigation (company/share Charge/receivership) / Interlocutory Judgment on Applications (reinstatement, Default Judgment, Damages Assessment, Receivership)
Outcome
Reinstatement Summons dismissed; Default judgment entered against 1st and 3rd defendants in terms of paragraph 15 of the Amended Statement of Claim; Assessment Summons dismissed and damages to be assessed by a master; declaratory relief refused by default.
Legal Topics
Unless Order, Default Judgment, Relief From Sanctions, Service of Process, Substituted Service, Damages Assessment, Declaratory Relief, Appointment of Receivers, Knowing Receipt, Dishonest Assistance
Source Language
en
Civil Procedure Commercial Law Equity Company Law Receivership Unless Order Default Judgment Relief From Sanctions +7 more

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Parties

TOP ONE INTERNATIONAL (CHINA) PROPERTY GROUP COMPANY LIMITED

1st Plaintiff

THE BANK OF NEW YORK MELLON

2nd Plaintiff

TOP ONE PROPERTY GROUP LIMITED

1st Defendant

PO FOR YAU

2nd Defendant

SUN JIANGRONG

3rd Defendant

Procedural Posture

Civil Commercial Litigation (company/share Charge/receivership) / Interlocutory Judgment on Applications (reinstatement, Default Judgment, Damages Assessment, Receivership)

Legal Issues

  1. 1 Whether relief from the sanction of striking out (Unless Order) should be granted to the 1st and 3rd defendants
  2. 2 Whether default judgment should be entered against the 1st and 3rd defendants
  3. 3 Whether damages claimed should be assessed by the court or referred to a master

Ratio Decidendi

The court refused relief from the sanction of the Unless Order because the 3rd defendant deliberately evaded service and orders and his default was intentional and contumelious (or at minimum demonstrated deliberate avoidance); accordingly the Amended Defence of the 1st and 3rd defendants remains struck out, default judgment was entered in respect of the relief claimed in paragraph 15 of the Amended Statement of Claim (including appointment of receivers), damages claims were directed to assessment by a master and declaratory relief was refused by default as inappropriate without evidence.

Court Disposition

Reinstatement Summons dismissed; Default judgment entered against 1st and 3rd defendants in terms of paragraph 15 of the Amended Statement of Claim; Assessment Summons dismissed and damages to be assessed by a master; declaratory relief refused by default.

Orders

  • Reinstatement Summons of the 1st and 3rd defendants dismissed
  • Default judgment entered in terms of paragraph 15 of the Prayer in the Amended Statement of Claim against the 1st and 3rd defendants