5 Sept 2023
KONEW CAPITAL INTERNATIONAL LTD v. LEE CHI MAN AND ANOTHER
- Citation
- [2023] HKDC 1202
- Court
- District Court
- Case number
- DCMP3712/2020
Although plaintiff complied with prescribed modes of service, the 2nd defendant's contemporaneous personal circumstances and prompt engagement after learning of the proceedings made her assertion of lack of actual notice credible; accordingly the default judgment as against the 2nd defendant was irregular and was set aside as of right. However, on the evidence the 2nd defendant failed to demonstrate a meritorious defence or very great hardship to prevent an order for sale; costs of the setting aside application are apportioned as stated.