26 Mar 2007
IP MAN KEI v. LIU WAI HONG AND ANOTHER
- Citation
- IP MAN KEI v. LIU WAI HONG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI901/2006
Although the interlocutory judgment was legally regular because the 1st defendant had filed an acknowledgement of service stating he would not defend and no timely amendment was filed, the court will exercise its unconditional discretion to set aside a regular default judgment where necessary to avoid injustice and where the defendant demonstrates a real prospect of success; applying that test the 1st defendant showed sufficient credible defence (causation and contributory issues) so the interlocutory judgment was set aside, but costs were ordered to the plaintiff because of the defendant's p…