3 Apr 1997
DAO HENG BANK LTD. v. CHAN CHIU CHEUNG AND ANOTHER
- Citation
- DAO HENG BANK LTD. v. CHAN CHIU CHEUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA6653/1996
The court allowed the appeal and set aside the default judgment because the 2nd Defendant demonstrated a real prospect of success based on evidence of a course of dealing and/or the parties' understanding of the mandate requiring two signatures, and because the overall circumstances including correspondence with solicitors and the procedural oversight justified a trial; consequently merits outweighed procedural defects per established authorities, requiring the default judgment and related charging and garnishee orders to be set aside and the matter remitted to normal interlocutory course.