Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Annulment of adjudication order

Legal area

Court

14 Sept 2005

RE MAI XI HONG

Citation

RE MAI XI HONG
Court

Court of First Instance
Case number

HCB550/1996

The default judgment of 8 March 1996 was and remains a regular judgment; the new evidence did not demonstrate that the judgment was irregular nor that there was a satisfactory explanation for the applicant's failure to have earlier set aside the default judgment or to contest the bankruptcy proceedings; accordingly the application to review/ vary the adjudication order is dismissed.
17 Dec 2004

RE MAI XI HONG

Citation

RE MAI XI HONG
Court

Court of First Instance
Case number

HCB550/1996

Applicant failed to prove the default judgment was irregular or obtained by fraud and did not take steps to have it set aside; a default judgment remains valid until set aside; given the unexplained delay and absence of indisputable evidence that the HK$70,000 reduced the Applicant's liability, the adjudication ought not to be annulled and the application is dismissed.