23 Jul 1999
T.M. HO H.C. SO & CO v. WONG HON LEUNG AND ANOTHER
- Citation
- T.M. HO H.C. SO & CO v. WONG HON LEUNG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA14225/1998
The Master was correct to set aside the default judgment conditionally because the Defendants had arguable defences — in particular, it was arguable that the 2nd Defendant was not bound by the written agreement, that the contractual construction (lump sum versus severable) was in dispute, and that alleged defective performance could entitle the Defendants to diminution or counterclaim — therefore conditional relief (payment into court) was appropriate and the appeal is dismissed.