WELLFINE PROPERTIES LTD v. BERGER, ROGER M

WELLFINE PROPERTIES LTD v. BERGER, ROGER M

No binding agreement to adjourn existed because the defendant's 8 October reply was a conditional counter-offer; however the court exercised its discretion to grant a limited adjournment because the plaintiff filed an important second affirmation only a week before hearing and the defendant, a litigant in person...

Source-derived case information.

Citation
WELLFINE PROPERTIES LTD v. BERGER, ROGER M
Parties
Plaintiff: Wellfine Properties Limited; Defendant: Berger, Robert M
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 October 2001
Case Number
DCCJ14889/2000
Procedural Posture
Civil Action Debt (dishonoured Cheque) / Application to Set Aside Default Judgment; Adjournment Hearing
Outcome
Adjournment granted with conditions; defendant ordered to pay costs of the adjournment forthwith; certificate for counsel granted.
Legal Topics
Setting Aside Default Judgment, Adjournment, Dishonoured Cheque, Appropriation of Payments, Legal Aid, Costs and Certificate for Counsel
Source Language
en
Civil Procedure Contract Law Bankruptcy Bills of Exchange Evidence Setting Aside Default Judgment Adjournment Dishonoured Cheque +3 more

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Parties

Wellfine Properties Limited

Plaintiff

Berger, Robert M

Defendant

Procedural Posture

Civil Action Debt (dishonoured Cheque) / Application to Set Aside Default Judgment; Adjournment Hearing

Legal Issues

  1. 1 Whether letters of 5 and 8 October constituted a binding agreement to adjourn (offer and acceptance)
  2. 2 Whether a legitimate expectation arose binding the plaintiff to adjourn
  3. 3 Whether late filing of the plaintiff's second affirmation justified adjournment to permit defendant to respond

Ratio Decidendi

No binding agreement to adjourn existed because the defendant's 8 October reply was a conditional counter-offer; however the court exercised its discretion to grant a limited adjournment because the plaintiff filed an important second affirmation only a week before hearing and the defendant, a litigant in person until that morning, needed a fair opportunity to consider it and to seek legal aid; conditions were imposed and costs of the adjournment were ordered against the defendant forthwith with a certificate for counsel.

Court Disposition

Adjournment granted with conditions; defendant ordered to pay costs of the adjournment forthwith; certificate for counsel granted.

Orders

  • Defendant to undertake through his solicitor that if he applies for legal aid in connection with this action such application shall be made no later than 4 pm on 19 October 2001.
  • Hearing of the defendant's application to set aside the default judgment adjourned to 14 January 2002, 9:30 am, Court No. 8, for hearing by a judge (estimated whole morning, 3 hours), with liberty to apply for an earlier date.