Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 10 rules of the high court

Legal area

Court

15 Apr 2003

THE HONG KONG MORTGAGE CORPORATION LTD v. CHING KIT YU AND ANOTHER

Citation

THE HONG KONG MORTGAGE CORPORATION LTD v. CHING KIT YU AND ANOTHER
Court

Court of First Instance
Case number

HCMP2226/2002

The mortgaged property address (Sui Wo Court) constituted a usual or last known address for the defendants and, given the defendants' contractual undertaking in the mortgage, insertion of the originating summons into the property's letterbox satisfied Order 10 r.1(2)(b); consequently the originating summons was duly served and the default judgment was in principle regular, although the court exercised discretion to set it aside on terms.
21 Dec 2001

Leung Yuk-kit, Pecky v. Tse Wai-kei, Wicky

Citation

Leung Yuk-kit, Pecky v. Tse Wai-kei, Wicky
Court

District Court
Case number

DCCJ426/2001

Judge accepted the process server's sworn account that the writ was inserted into a letter box on 9 January but found that the defendant did not reside at 409 Jaffe Road and did not receive or learn of the proceedings until enforcement; because the defendant lacked notice, the judgment was irregular and therefore set aside as of right; costs awarded 'in the cause' because the defendant contributed to the misapprehension by supplying the business card and incorrect company address.