Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Conditions for relief
  • 29 Nov 2013

    KWOK KWONG PANG v. SHUM KIT MAN ALAN

    Citation
    KWOK KWONG PANG v. SHUM KIT MAN ALAN
    Court
    Court of First Instance
    Case number
    HCA675/2013

    Service at the Kingswood Address was valid as the defendant's last known address recorded publicly and the defendant failed to produce convincing evidence that he did not receive the writ; accordingly the default judgment was regular. Nevertheless, because there are live, credible factual disputes about agency, the existence and terms of any loan and related matters such that the defendant has a real prospect of success, the court exercised its discretion to set aside the default judgment on terms: the default judgment is set aside and the garnishee order nisi discharged provided the defendan…