Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 65 r 4
  • 19 Feb 2021

    EMPEROR PRESTIGE CREDIT LTD v. KING PAK FU

    Citation
    [2021] HKCFI 403
    Court
    Court of First Instance
    Case number
    HCA1008/2019

    The letter‑box insertion did not validly effect service because the defendant was outside Hong Kong when the writ was inserted and subsequent knowledge did not cure that defect; the plaintiff failed to show that ordinary service in Hong Kong was impracticable and had not properly sought or exhausted routes for service out under Order 11 before seeking substituted service under Order 65 r 4, therefore the substituted service order was wrongly obtained and must be set aside; accordingly the appeal was dismissed and the Master's order setting aside service was upheld.