22 Jan 2016
YU HON WAH ALEXIS t/a PERMANENT ENGINEERING CO v. Y M INTERNATIONAL REALTY LTD AND OTHERS
- Citation
- YU HON WAH ALEXIS t/a PERMANENT ENGINEERING CO v. Y M INTERNATIONAL REALTY LTD AND OTHERS
- Court
- District Court
- Case number
- DCCJ2371/2014
The default judgment against the 4th defendant was set aside because it was irregular: the pleaded cause (breach of warranty of authority) sought unliquidated damages but a final liquidated judgment was entered in breach of Order 19 rules, and independently the earlier default judgment entered against the corporate defendants constituted a conclusive election by the plaintiff to pursue the corporations to the exclusion of the 4th defendant, thereby barring the plaintiff's alternative inconsistent claim against him.