Hong Kong Case Law: Decisions & Judgments

Topic

Conditions for setting aside

Legal area

Court

19 Feb 2016

POON TUNG HOI GORDON v. CHAN YING MING SIMON

Citation

POON TUNG HOI GORDON v. CHAN YING MING SIMON
Court

District Court
Case number

DCCJ4706/2014

Default judgment was regular; defendant failed to provide convincing evidence of non-receipt but demonstrated a real prospect of success on the merits such that the judgment should be set aside subject to strict conditions — payment of the claimed sum into court and payment of specified costs by a fixed date; failure to comply results in dismissal of the appeal with costs.
12 Aug 2015

BROUGHTON, IAN MICHAEL v. LEUNG LOK HANG JANICE

Citation

BROUGHTON, IAN MICHAEL v. LEUNG LOK HANG JANICE
Court

Court of First Instance
Case number

HCSA35/2015

The adjudicator did not commit an error of law or exceed jurisdiction: the applicant failed to provide a satisfactory explanation for absence and failed to demonstrate a defence with a real prospect of success; the imposition of a payment condition to set aside the award was lawful and routine; the tribunal was functus officio after the award so it could not accept a counterclaim; consequently leave to appeal is refused.
19 Jun 2003

FIRST CASTLE LTD v. WONG CHUN KIT

Citation

FIRST CASTLE LTD v. WONG CHUN KIT
Court

Court of First Instance
Case number

HCA6872/2000

The appeal was dismissed because, on the evidence, the defendant's conduct justified an adverse inference of evasion of service and there was a significant risk of an empty judgment; accordingly the Master was entitled to set aside the irregular default judgment only on condition that the defendant pay $250,000 into court within 28 days and be granted leave to defend.
26 Nov 1999

O MARK POLYETHYLENE PRODUCTS FTY LTD. v. REAP STAR LTD.

Citation

O MARK POLYETHYLENE PRODUCTS FTY LTD. v. REAP STAR LTD.
Court

Court of First Instance
Case number

HCA6978/1999

The Master's order setting aside the default summary judgment was upheld but properly conditioned on the Defendant paying $45,000 into Court; the Defendant failed to demonstrate a sufficient excuse for non-attendance or to disclose financial incapacity, so the appeal is dismissed subject to that payment.

Hong Kong Case Law

POON TUNG HOI GORDON v. CHAN YING MING SIMON

BROUGHTON, IAN MICHAEL v. LEUNG LOK HANG JANICE

FIRST CASTLE LTD v. WONG CHUN KIT

O MARK POLYETHYLENE PRODUCTS FTY LTD. v. REAP STAR LTD.