Hong Kong Case Law: Decisions & Judgments

Topic

Judgment in default

Legal area

Court

22 Feb 2019

EASY ONE FINANCE LTD v. KWOK WAI YEE AND ANOTHER

Citation

[2019] HKDC 133
Court

District Court
Case number

DCCJ3566/2017

The claimed defences (non est factum, misrepresentation, undue influence) were unparticularised and contradicted by plaintiff's credible contemporaneous evidence; the forgery allegation was insufficiently supported but not so plainly impossible to deny leave to defend; therefore Kwok was granted conditional leave to defend on payment into court (HK$700,000 in DCCJ 3566/2017 and HK$500,000 in DCCJ 3567/2017) and judgment in default was entered against Ho under O 83A r 4 for the specified outstanding sums with interest and indemnity costs unless the conditions are met.
22 Sept 2017

ROYAL MORTGAGE LTD v. BLISSFUL YEAR LTD AND OTHERS

Citation

ROYAL MORTGAGE LTD v. BLISSFUL YEAR LTD AND OTHERS
Court

Court of First Instance
Case number

HCA302/2013

On the pleadings, uncontradicted averments established adverse possession since about the 1970s so any cause of action by Blissful to recover the claimed portions is time‑barred under the Limitation Ordinance and Blissful’s title to those portions is extinguished; accordingly judgment in default is entered for Yu and Chow against Blissful on their counterclaims and declarations are granted that each has, as against Blissful, sole and exclusive physical occupation of their respective hatched areas and holds a good possessory title thereto; costs awarded against Blissful to Yu and Chow; no cost…
22 Mar 2016

SPECIALTY METALS RESOURCES SA v. HUNAN CHUANGDA VANADIUM TUNGSTEN CO LTD AND ANOTHER

Citation

SPECIALTY METALS RESOURCES SA v. HUNAN CHUANGDA VANADIUM TUNGSTEN CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA369/2016

Because the plaintiff complied with Order 13 r.7 and the evidence showed the 2nd defendant received the plaintiff's prepayment, is in financial difficulty and there were grounds to believe assets would be dissipated, the court entered judgment in default for USD392,819.92 against the 2nd defendant and granted a post-judgment injunction under Order 29 r.1 restraining removal or disposal of assets within Hong Kong up to that amount; the court exercised its discretion to discharge the plaintiff from providing a bank guarantee.
6 Sept 2005

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. LEE SHIU PING AND ANOTHER

Citation

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. LEE SHIU PING AND ANOTHER
Court

Court of First Instance
Case number

HCMP1908/2004

Master Wong's discovery order was too wide and was set aside to the extent unnecessary because the plaintiff had disclosed the Collateral File and relevant documents; leave to amend the Originating Summons to add an address for service and to seek relief against the 2nd defendant and the interim payment order were upheld; service at the Nob Hill address was sufficient; judgment was entered against the 1st defendant for recovery of possession and for the money judgment.
11 Feb 1999

CHAN YEUK MUI v. NG SHU CHI

Citation

CHAN YEUK MUI v. NG SHU CHI
Court

Court of Appeal
Case number

CACV254/1998

The Registrar's order for substituted service by a single advertisement was within discretion and not shown to be wrong; however even if the defendant did not see the writ he failed to establish a substantive defence because the occupancies constituted tenancies at will which determined annually so the defendant's right accrued and was barred by limitation; therefore the Recorder erred in setting aside the plaintiff's judgment and the appeal is allowed.
10 Jan 1974

CHAN CHIU-HUNG v. PANTEX CARMENT FACTORY AND OTHERS

Citation

CHAN CHIU-HUNG v. PANTEX CARMENT FACTORY AND OTHERS
Court

District Court
Case number

DCCJ164/1973

The application was dismissed because on a dishonoured cheque drawer and endorser are severally (and where applicable jointly and severally) liable and the plaintiff had sued severally; therefore judgment against the 3rd Defendant did not bar continuation of proceedings against the 2nd Defendant.

Hong Kong Case Law

EASY ONE FINANCE LTD v. KWOK WAI YEE AND ANOTHER

ROYAL MORTGAGE LTD v. BLISSFUL YEAR LTD AND OTHERS

SPECIALTY METALS RESOURCES SA v. HUNAN CHUANGDA VANADIUM TUNGSTEN CO LTD AND ANOTHER

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. LEE SHIU PING AND ANOTHER

CHAN YEUK MUI v. NG SHU CHI

CHAN CHIU-HUNG v. PANTEX CARMENT FACTORY AND OTHERS