23 Dec 2002
THOMAS IP FOOK CHUEN AND ANOTHER v. LAU CHI WANG AND OTHERS
- Citation
- THOMAS IP FOOK CHUEN AND ANOTHER v. LAU CHI WANG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA18995/1998
The entry of judgment was irregular and must be set aside because the plaintiffs sought and obtained judgment for a sum that was an unliquidated share of partnership profits requiring account and inquiry, and because the defendants' affirmation of 20 November 2001 constituted at least substantial compliance (or raised a genuine dispute) with the 'unless' order such that judgment should not have been entered ex parte; although the 2nd defendant failed to file a separate affidavit personally, her failure was not contumelious and relief by extension of time was appropriate.