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Hong Kong decisions
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The court granted relief from sanction for an unless order, refused default judgment, and declined to discharge the varied injunction save for the proprietary injunction against D3-D5.
法院就默示送达后的缺席判决，裁定被告就有关公司股份属代名人／裸信托持有人，并命令其签立转让文件；如拒绝执行，可由获指定律师代签。
The Court dismissed a costs appeal arising from a set-aside application, upheld the Master’s costs order, admitted fresh evidence under Ladd v Marshall, and awarded the defendants HK$220,000 in this re-hearing.
Assessment of damages in a libel action arising from WhatsApp publications. The court awarded HK$180,000 general damages and refused exemplary damages.
The court refused leave to file late pleadings, entered default judgment for libel, and held the defendants' pleaded defences disclosed no reasonable defence.
Because the defendant had validly filed acknowledgements of service and defences before the appointment of a guardian ad litem and the plaintiff did not make any substantive amendment to the statement of claim, those earlier filings remained effective; the guardian's failure to instruct a solicitor was an irregularity that did not invalidate the prior filings, so default judgment was not appropriate and the court would not enter judgment against the defendant.
Source excerpt
The court set aside the knowing receipt part of a default judgment, upheld liability for unlawful means conspiracy, and adjourned amendment issues with costs orders.
The District Court entered default judgment on liability in a water seepage claim, ordered damages to be assessed, and refused a mandatory injunction for lack of precision.
The Court of First Instance dismissed an appeal against summary and default judgment in a mortgage loan dispute, holding the defendants’ oral-variation case was incredible and barred by a no oral modification clause.
The District Court refused default declaratory relief in an adverse possession claim, holding the pleaded facts were too skeletal and needed trial proof.
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