23 Dec 2002
LAU CHI WANG JAMES AND OTHERS v. IP FOOK CHUEN THOMAS AND ANOTHER
- Citation
- LAU CHI WANG JAMES AND OTHERS v. IP FOOK CHUEN THOMAS AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA18950/1998
The court held the entry of judgment was irregular and must be set aside because (1) the claimed sum was not a liquidated demand but required accounting and inquiry, so judgment for a specific figure was improper; and (2) the unless order was a time order and the affirmation filed on 20 November 2001 constituted at least substantial compliance such that the plaintiffs should have sought relief inter partes rather than entering ex parte judgment. The 2nd defendant nonetheless had failed personally to file an affidavit but her failure was not contumelious and time was extended for compliance.