WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS

WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS

The application to set aside the judgment was dismissed because the court found the 1st respondent's explanation for non-appearance not credible, that the respondent deliberately ignored the proceedings despite multiple notices and opportunities, and that the respondent did not demonstrate real prospects of success warranting a rehearing.

Citation
WU NAI SANG v. FELLOWSHIP ENGINEERING LTD AND OTHERS
Parties
Applicant: Wu Nai Sang; 1st Respondent: Fellowship Engineering Limited; 2nd Respondent: Li Kin Ming Vincent trading as; 3rd Respondent: Win Li Consulting Engineers
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 November 2016
Case Number
DCEC243/2011
Procedural Posture
Employees Compensation / Application to Set Aside Judgment (post Judgment)
Outcome
Application dismissed.
Legal Topics
Setting Aside Judgment, Service of Documents/notice, Prospects of Success, Costs, Retrial Scope
Source Language
EN
Employees' Compensation Civil Procedure Setting Aside Judgment Service of Documents/notice Prospects of Success Costs Retrial Scope

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Parties

Wu Nai Sang

Applicant

Fellowship Engineering Limited

1st Respondent

Li Kin Ming Vincent trading as

2nd Respondent

Win Li Consulting Engineers

3rd Respondent

Procedural Posture

Employees Compensation / Application to Set Aside Judgment (post Judgment)

Legal Issues

  1. 1 Whether judgment obtained in absence of 1st respondent should be set aside under Order 35 rule 2
  2. 2 Whether the 1st respondent had a credible excuse for non-appearance
  3. 3 Whether the application was timeous or whether extension of the 7-day limit should be granted under Order 3 rule 5

Ratio Decidendi

The application to set aside the judgment was dismissed because the court found the 1st respondent's explanation for non-appearance not credible, that the respondent deliberately ignored the proceedings despite multiple notices and opportunities, and that the respondent did not demonstrate real prospects of success warranting a rehearing.

Court Disposition

Application dismissed.

Orders

  • Application by 1st respondent to set aside judgment dismissed
  • 1st respondent shall pay applicant's costs of this application with certificate for counsel, to be taxed if not agreed