Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Default/non‑attendance at trial

Legal area

Court

3 Sept 2018

HAI KUO SHIPPING 1201 LTD v. EVERWIN SHIPPING (HONG KONG) CO LTD AND OTHERS

Citation

[2018] HKCFI 2080
Court

Court of First Instance
Case number

HCAJ79/2014

The application was dismissed because the 3rd Defendant provided no independent evidence to explain his non-attendance, the contractual guarantee and quantum were valid and had been considered by the court, and granting relief would cause undue delay and prejudice to the Plaintiff.
20 Nov 2013

JOYFUL SPARKLE CO LTD v. NG PIK CHU t/a SHAN YAU CO

Citation

JOYFUL SPARKLE CO LTD v. NG PIK CHU t/a SHAN YAU CO
Court

Court of Appeal
Case number

CACV102/2012

The Court upheld the lower judge's exercise of discretion refusing to set aside the trial judgment because the appellant's absence was deliberate, there was no real prospect of success on the claim, the appellant unreasonably delayed and failed to prosecute the appeal (causing prejudice and tactical delay), and public interest in finality and proportionality of costs outweighed grant of relief; alternatively the appeal was struck out for want of prosecution as an abuse of process; costs awarded to respondent (HK$80,000).