HANNAH BROQUARD AND ANOTHER v. WAH SUN HONG LTD

HANNAH BROQUARD AND ANOTHER v. WAH SUN HONG LTD

The appeal was dismissed. The Court held the writ and endorsements were regular and the time for appearance had expired; the Registrar validly set aside the default judgment (likely exercising discretion because the defendant had a good defence), and the judge properly assumed jurisdiction to hear the security for...

Source-derived case information.

Citation
HANNAH BROQUARD AND ANOTHER v. WAH SUN HONG LTD
Parties
1st Plaintiff: Hannah Broquard (Trading as Intercontinental Chemical Corporation); 2nd Plaintiff: Intercontinental Chemical Corporation Limited; Defendant: Wah Sun Hong Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1978
Case Number
HCA2602/1978
Procedural Posture
Civil Contract / Appeal From Registrar's Order Setting Aside Default Judgment and Application for Security for Costs
Outcome
Appeal dismissed; Registrar's order setting aside default judgment and allowing defendant to enter appearance upheld; security for costs ordered against the plaintiffs
Legal Topics
Default Judgment, Setting Aside Judgment, Security for Costs, Provisional Liquidation, Fraudulent Transfer, Costs
Source Language
en
Civil Procedure Company Law Insolvency Contract Default Judgment Setting Aside Judgment Security for Costs Provisional Liquidation +2 more

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Parties

Hannah Broquard (Trading as Intercontinental Chemical Corporation)

1st Plaintiff

Intercontinental Chemical Corporation Limited

2nd Plaintiff

Wah Sun Hong Limited

Defendant

Procedural Posture

Civil Contract / Appeal From Registrar's Order Setting Aside Default Judgment and Application for Security for Costs

Legal Issues

  1. 1 Whether the Registrar correctly set aside the default judgment (irregularity v. exercise of discretion for good defence)
  2. 2 Whether vacation days are excluded in computing time to enter appearance for a 'specially endorsed writ' under Supreme Court Ordinance s.31 given modern Rules
  3. 3 Whether parts of the Statement of Claim were so defective/excessive as to require setting aside ex debito justitiae

Ratio Decidendi

The appeal was dismissed. The Court held the writ and endorsements were regular and the time for appearance had expired; the Registrar validly set aside the default judgment (likely exercising discretion because the defendant had a good defence), and the judge properly assumed jurisdiction to hear the security for costs application and, on the evidence of suspicious asset transfers and inadequate financial disclosure, was satisfied there was reason to believe the plaintiff company would be unable to pay the defendant's costs and ordered security for costs.

Court Disposition

Appeal dismissed; Registrar's order setting aside default judgment and allowing defendant to enter appearance upheld; security for costs ordered against the plaintiffs

Orders

  • Appeal dismissed
  • Registrar's order setting aside default judgment and allowing defendant to enter an appearance upheld