17 Feb 2021
ALAN CHUNG WAH TANG AND KAN LAP KEE (JOINT AND SEVERAL LIQUIDATORS OF WAN HIN AND CO LTD (in Liquidation)) v. CHUNG CHUN KEUNG AND OTHERS
- Citation
- [2021] HKCFI 369
- Court
- Court of First Instance
- Case number
- HCA64/2020
Default judgment was regular but must be set aside because defendants showed some explanation for default and, critically, demonstrated real prospects of success on multiple substantive points (including contested characterisation of the debenture and sales and a viable limitation defence) and because the applicant for default judgment failed to make full and frank disclosure of materially relevant concurrent misfeasance proceedings; accordingly justice required setting aside the default judgment and imposing case management and interim protective measures.