Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Set aside of default judgment

Legal area

Court

6 Jan 2003

WONG FUNG YING v. RIGHTOP INVESTMENT LTD. AND OTHERS

Citation

WONG FUNG YING v. RIGHTOP INVESTMENT LTD. AND OTHERS
Court

District Court
Case number

DCPI247/2002

The 1st defendant remained the Manager and thus an occupier because the appointment of Rightop Property was a delegatory agency that could be withdrawn and did not transfer the Manager's status or sufficient control; additionally the 1st defendant produced no evidence of positive steps to verify the contractor's competence, so s.3(4)(b) did not apply; consequently the 1st defendant failed to show a real prospect of success and the application to set aside the default judgment was refused.
15 Jul 1996

HONEST TONE LTD. v. LI LIN KWO and Another

Citation

HONEST TONE LTD. v. LI LIN KWO and Another
Court

Court of First Instance
Case number

HCA5270/1993

The appeal was dismissed. The judge concluded that in light of the Privy Council\'s Lam Island decision a 20-year limitation period may straddle 1 July 1973 and on the assumed facts the defendants\' adverse possession defence necessarily succeeded; additionally the question whether part performance can apply to s.3 Statute of Frauds is tenable and should go to trial; finally, the complex question of aggregating successive periods of possession is controversial and inappropriate to decide on this interlocutory appeal, so the Master\'s order setting aside the default judgments was correctly lef…