23 Dec 2002
LAU CHI WANG JAMES AND OTHERS v. IP FOOK CHUEN THOMAS AND OTHERS
- Citation
- LAU CHI WANG JAMES AND OTHERS v. IP FOOK CHUEN THOMAS AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA18955/1998
The judgment entered ex parte was irregular and should be set aside because the plaintiffs sought a fixed sum for what was fundamentally an unliquidated claim requiring accounts and further discovery; moreover the 1st defendant's affirmation filed within the stipulated time amounted to at least substantial compliance with the unless order so an inter partes application should have been pursued rather than ex parte judgment. Although the 2nd defendant failed to file her own affidavit personally, the court exercised discretion because her solicitors' mistake was not contumelious and extended ti…