Hong Kong Case Law: Decisions & Judgments

Topic

Irregular service

Legal area

Court

4 Mar 2026

BESTSHOP TECHNOLOGY (HONG KONG) COMPANY LTD v. LI QINSHUN AND ANOTHER

Citation

[2026] HKDC 362
Court

District Court
Case number

DCCJ5316/2023

Objective immigration records established the 1st Defendant was outside Hong Kong for the entire relevant period and did not come within the jurisdiction before the default judgment; under established authority service by insertion at the registered address was therefore invalid and the default judgment was irregular and must be set aside as of right.
23 Jun 2020

NANYANG COMMERCIAL BANK, LTD v. LIN ZHUO YAN

Citation

[2020] HKCFI 1250
Court

Court of First Instance
Case number

HCA2132/2018

Service by registered post to the defendant's last known address was valid and the presumption of service under Order 10 r1(3) was not rebutted; the Default Judgment was therefore regular; the defendant failed to prove a meritorious defence (including unconscionability) and offered no satisfactory explanation for delay; the master's dismissal was upheld and the appeal dismissed with costs.
3 Jul 2019

CHAN YEUK PING v. WANG WEI MING

Citation

[2019] HKCFI 1634
Court

Court of First Instance
Case number

HCMP1744/2016

The court accepted the defendant's credible evidence of non-receipt and lack of knowledge and found the plaintiff's materials insufficient to cast doubt on that evidence; therefore service by insertion at the TKW address was ineffective and paragraphs 2 to 4 of the Order were irregular and are set aside.
27 Apr 2016

THE INCORPORATED OWNERS OF HIU KWONG COURT AND HIU MING COURT v. YIP HUNG LILY

Citation

THE INCORPORATED OWNERS OF HIU KWONG COURT AND HIU MING COURT v. YIP HUNG LILY
Court

District Court
Case number

DCMP735/2013

The defendant's application to vary the costs order nisi and to set aside the order for sale was dismissed; the plaintiff succeeded in resisting the defendant's application and there was no basis to deprive the plaintiff of its costs because the plaintiff's challenge to the defendant's lack of notice did not significantly increase the length or costs of the proceedings and the hearing could not have been avoided given the defendant's stance.
29 Jan 2016

WELLTECH CONSTRUCTION MATERIALS LTD v. YEUNG KA WING t/a HOP LEE VEGTABLE TRADING CO

Citation

WELLTECH CONSTRUCTION MATERIALS LTD v. YEUNG KA WING t/a HOP LEE VEGTABLE TRADING CO
Court

District Court
Case number

DCCJ2993/2014

The court found service ineffective and the plaintiff's hearsay evidence failed to rebut the defendant's direct denial and the uncertainty as to which address was served; therefore the interlocutory default judgment was irregular and was set aside without consideration of the merits.
22 May 2014

3D-GOLD JEWELLERY HOLDINGS LTD v. PRICEWATERHOUSECOOPERS (a firm)

Citation

3D-GOLD JEWELLERY HOLDINGS LTD v. PRICEWATERHOUSECOOPERS (a firm)
Court

Court of First Instance
Case number

HCA1192/2011

The court exercised its discretion under O.2 r.1 to cure the technical irregularity in service on 12 July 2013 because PwC, through Mr Harford (an appropriate and held-out officer), had actual notice of the writ on that date, suffered no prejudice from the defective mode of service, and the justice of the case required validation of that service.
7 Dec 2006

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS

Citation

KWOK HIN CHEUNG AND ANOTHER v. KWOK HIN TAK AND OTHERS
Court

Court of First Instance
Case number

HCMP3156/2004

Leave to discontinue was granted. Applying the general rule and departing from it for conduct after 30 March 2006, the court ordered the plaintiffs to pay the defendants' costs of the proceedings up to 30 March 2006 (to be taxed if not agreed); for costs after 30 March 2006 each side must bear their own costs (no order); and the costs of the application for leave to discontinue and of the hearing were awarded to the defendants. The court refused to stay HCMP No. 448 of 2006 pending payment of costs.
29 Jul 2004

RE NG CHI WO

Citation

RE NG CHI WO
Court

Court of First Instance
Case number

HCB2819/2003

The court held that although the petitioner satisfied the requirements for service of the statutory demand and substituted service of the petition, the Default Judgment was irregular because the writ had been served by letterbox at an address where the Bankrupt never resided and therefore could not have had notice; that irregularity destroyed the foundation of the bankruptcy petition and entitled the court to annul the bankruptcy order under section 33 without regard to the merits of the original defence.
27 Jun 2001

YEUNG SAU CHUEN SAMMY v. SHING SING SUI

Citation

YEUNG SAU CHUEN SAMMY v. SHING SING SUI
Court

District Court
Case number

DCCJ883/2001

Service was ineffective because the defendant was not within the jurisdiction when the writ was served; the defendant credibly established he did not know of the proceedings until 1 December 2000 and demonstrated a meritorious defence on available evidence; applying the limited-right residual discretion the court set aside the irregular default judgment without conditions.
24 Dec 1998

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE

Citation

INTERNATIONAL BANK OF ASIA LTD., A CREDITOR, EX PARTE
Court

Court of First Instance
Case number

HCB865/1998

Service of the statutory demands and petitions was irregular and fell materially short of the requirements of Bankruptcy Rules 46, 49 and 59; the court's discretion under Rule 49(9) was engaged and, in the circumstances, the petitions should not have been filed and must be set aside; Rule 203 did not justify curing or waiving the defective service; costs to be borne by the Petitioner.