WONG KING FUN v. KEYWAH INTERNATIONAL LTD

WONG KING FUN v. KEYWAH INTERNATIONAL LTD

Service on the defendant company at its registered office was valid and the default judgment was regularly obtained; the defendant failed to demonstrate a real prospect of success on the merits or sufficient evidence of collusion to set aside the judgment; appeal dismissed.

Citation
WONG KING FUN v. KEYWAH INTERNATIONAL LTD
Parties
Plaintiff: Wong King Fun; Defendant/appellant: Keywah International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2008
Case Number
HCA2823/2006
Procedural Posture
Civil Debt Recovery / Company / Appeal Against Refusal to Set Aside Default Judgment; Judgment Delivered
Outcome
Appeal dismissed; default judgment upheld.
Legal Topics
Service of Process, Default Judgment, Setting Aside Judgment, Authority of Company Agents, Turquand Rule, Collusion
Source Language
EN
Company Law Civil Procedure Contract Law Debt Recovery Service of Process Default Judgment Setting Aside Judgment Authority of Company Agents +2 more

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Parties

Wong King Fun

Plaintiff

Keywah International Limited

Defendant/appellant

Procedural Posture

Civil Debt Recovery / Company / Appeal Against Refusal to Set Aside Default Judgment; Judgment Delivered

Legal Issues

  1. 1 Whether service on the company's registered office was valid
  2. 2 Whether the default judgment was irregular or procured by collusion
  3. 3 Whether the defendant demonstrated a real prospect of success to set aside a regularly obtained default judgment

Ratio Decidendi

Service on the defendant company at its registered office was valid and the default judgment was regularly obtained; the defendant failed to demonstrate a real prospect of success on the merits or sufficient evidence of collusion to set aside the judgment; appeal dismissed.

Court Disposition

Appeal dismissed; default judgment upheld.

Orders

  • Defendant's appeal dismissed.
  • Defendant to pay the costs of the appeal to the Plaintiff, to be taxed if not agreed.