24 Jul 2024
CHINA CITIC BANK INTERNATIONAL LTD v. CHINA WILL ENTERPRISE LTD AND OTHERS
- Citation
- [2024] HKCFI 1859
- Court
- Court of First Instance
- Case number
- HCMP1153/2022
Default judgment was regularly obtained by postal service but the 10th Defendant satisfied the real prospect test: his affidavits, prior credible findings in related litigation, unresolved allegations of forgery and gaps in the plaintiff's documentary/hearsay evidence (notably unexplained absence of the bank officer Jason's own affidavit and inconsistencies about confirmations and execution of facility documents) together established a defence with a real prospect of success such that the default judgment must be set aside unconditionally.