29 Jun 2012
CHEUNG PING v. CHEUNG WAI KIT
- Citation
- CHEUNG PING v. CHEUNG WAI KIT
- Court
- District Court
- Case number
- DCCJ3618/2010
The court set aside the default judgment because the plaintiff failed to prove valid personal service of the amended writ; the judgment was irregular and must be set aside ex debito justitiae. Alternatively, even if the judgment were regular, the defendant demonstrated a credible defence on the merits (denial of any trust over the 1/5 share) sufficient to warrant setting aside a default judgment and granting leave to defend.