28 May 2021
JINGDONG SECURITIES LTD formerly known as EWIN ASIA CAPITAL LTD v. GOLDEN WORLD MOTORS (INTERNATIONAL) LTD
- Citation
- [2021] HKDC 636
- Court
- District Court
- Case number
- DCCJ5041/2018
Master had no power under O25 r4 to enter judgment on the counterclaim against a non-appearing plaintiff; the Judgment on Counterclaim was therefore irregular and was set aside; the plaintiff demonstrated good reason (missed notice due to solicitors sending to old address plus Covid-19 and staff turnover) to restore its claim out of time; court exercised discretion to restore the claim, refused the defendant's substantial security for costs, and imposed an unless order to progress the action.