26 Apr 1974
AU YEUNG SIU-TUNG AND OTHERS v. TUNG SHING HO (A FIRM) (DECORATION & FURNITURE)
- Citation
- AU YEUNG SIU-TUNG AND OTHERS v. TUNG SHING HO (A FIRM) (DECORATION & FURNITURE)
- Court
- Court of Appeal
- Case number
- CACV1/1974
Majority held that dismissal for want of prosecution where the plaintiff failed to attend and no issues were tried did not necessarily determine the merits and therefore did not bar re-presentation by way of a fresh application in the circumstances of this case; although the plaintiff should normally apply to set aside the dismissal, failure to do so did not automatically create an estoppel per rem judicatum when no issues were adjudicated.