Hong Kong Case Law: Decisions & Judgments

Topic

Real prospect of success test

Legal area

Court

30 Apr 2024

CORNHILL ENTERPRISES LTD 對詹士平及另一人

Citation

[2024] HKDC 612
Court

District Court
Case number

DCMP3252/2021

The court upheld the registrar's order setting aside the default judgment because on a provisional assessment at rehearing the first defendant produced cogent documentary evidence (notably a rent receipt signed by Ng Wai Hung, matching a registered owner's name) which gives the defence a realistic prospect of success; the plaintiff's attacks on the evidential weight of the documents did not justify refusing relief at this interlocutory stage. Accordingly the plaintiff's appeal was dismissed and the registrar's order maintained, with a provisional costs order in favour of the first defendant.
18 Mar 2024

XIAN HONGYING, the executrix of the estate of SHEW YUN, deceased v. MAN WONG AND ANOTHER

Citation

[2024] HKCFI 784
Court

Court of First Instance
Case number

HCA2670/2016

The court provisionally found the defendants have a meritorious defence with a real prospect of success based on a contemporaneous will and credible evidence of a gift effected by the Assignment; the 2nd defendant's challenge to service was conceded by the plaintiff; accordingly the default judgments entered on 16 September 2019 were set aside and the usual costs orders applied.
7 Nov 2022

RE SUN FUNG TIMBER CO LTD

Citation

[2022] HKCA 1655
Court

Court of Appeal
Case number

CACV22/2019

Leave to appeal was dismissed because the core question was academic between the parties due to the prior setting aside of enforcement leave on findings of collusion/fraud and because this Court had independently found sufficient basis to go behind the award; there was no justifiable basis to alter the established "bona fide dispute on substantial grounds" test; costs awarded on indemnity basis.
15 Sept 2022

PEAK PERFORMANCE HEAD OFFICE SERVICES LTD AND ANOTHER v. CHEUNG PUI YEE DENISE

Citation

[2022] HKCFI 2829
Court

Court of First Instance
Case number

HCA741/2021

Service by registered post to the defendant's last known address was valid and produced notice; the application to adduce additional evidence on appeal was refused because the defendant failed to show reasonable diligence in obtaining the further documents; notwithstanding that, the evidence before the Master furnished a potentially credible case that the USD800,000 was a bona fide loan repayment and thus the defendant demonstrated a real prospect of success, warranting exercise of the court's discretion to set aside the regular default Judgment and allow the defendant to defend the action.
10 Jun 2020

TSE SHIU HOI v. SUN BO

Citation

[2020] HKCFI 997
Court

Court of First Instance
Case number

HCA1095/2019

The master found the writ, though posted to the defendant's company address, did not come to the defendant's notice until 8 October 2019 based on convincing evidence (including corroboration by the company's financial controller); accordingly the default judgment was irregular and was set aside unconditionally because the defendant discharged the burden of showing non‑receipt and demonstrated a meritorious defence that the sum was repayment on behalf of Mr Wu rather than a loan.
17 Nov 2017

FUNG KAM KWONG v. FUNG KAU

Citation

FUNG KAM KWONG v. FUNG KAU
Court

Court of Appeal
Case number

CAMP35/2017

Application for extension of time dismissed because the delay was very substantial and unjustified by cogent evidence; the Defendant failed to show a real prospect of success as the proposed grounds were misconceived (declarations related to a Hong Kong company's contractual interests and were non‑proprietary, arbitration and third‑party interest points were non‑points); accordingly no extension granted and costs were awarded to Plaintiff.
28 Sept 2016

KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND ANOTHER

Citation

KAUR PARAMJIT v. LI ON NA t/a 新長發快餐 AND ANOTHER
Court

District Court
Case number

DCEC1479/2012

The court found that the defendants adduced credible evidence of a valid transfer of the business and demonstrated a real prospect of success on the defence that the applicant was not the employer at the time of the accident; coupled with reasonable explanations for default and delay, the merits and balancing of factors justified setting aside the default judgments.
28 Dec 2009

LIN SHUANG LAI v. LEE YING TUNG MICHAEL

Citation

LIN SHUANG LAI v. LEE YING TUNG MICHAEL
Court

District Court
Case number

DCCJ2523/2009

The appeal was dismissed because the defendant failed to produce any affidavit or credible evidence demonstrating a real prospect of success as required where judgment was entered in default of defence and after breach of an unless order; the Master’s order (including the security requirement) was correct and is upheld.
13 Jan 1999

DENKI TETSUSHIN INDUSTRIAL CO. LTD. v. UNIWEALTH INTERNATIONAL LTD.

Citation

DENKI TETSUSHIN INDUSTRIAL CO. LTD. v. UNIWEALTH INTERNATIONAL LTD.
Court

Court of First Instance
Case number

HCA12572/1997

Service at the company’s registered office as recorded in the Companies Registry was effective under the Companies Ordinance, the judgment entered in default was regular, and the Defendant failed to demonstrate a defence with a real prospect of success under the established test for setting aside a regular judgment, therefore the application and appeal must be dismissed.
30 Oct 1998

SECAN LTD. v. WONG PING WAI t/a ASSOCIATED CONSULTING ENGINEERS

Citation

SECAN LTD. v. WONG PING WAI t/a ASSOCIATED CONSULTING ENGINEERS
Court

Court of First Instance
Case number

HCA5227/1996

The judgment was set aside because the defendant produced credible and uncontradicted evidence, including expert evidence, demonstrating a real prospect of success on the merits; therefore the court exercised its discretion to vacate the default judgment and permit a defence to be filed within seven days.