Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction at time of service

Legal area

Court

18 Sept 2012

TSAI WEN CHIN t/a ZHUANG JI FOOD TRADE CO v. ZHAO YIE

Citation

TSAI WEN CHIN t/a ZHUANG JI FOOD TRADE CO v. ZHAO YIE
Court

Court of First Instance
Case number

HCA1191/2011

The default judgment was set aside because the affirmation of service was materially defective (failing to state letter‑box insertion and the mandatory 7‑day knowledge opinion) and the defendant was not within Hong Kong at the relevant time so service by letter box was ineffective; these defects rendered the judgment irregular and entitled the defendant as of right to have it set aside.
21 Jul 1997

HONEST BILLION INVESTMENT LIMITED v. WANG XIAN-CHOU

Citation

HONEST BILLION INVESTMENT LIMITED v. WANG XIAN-CHOU
Court

Court of First Instance
Case number

HCA7612/1996

Service by insertion into the defendant\'s last known address was regular because the defendant was within the jurisdiction at the time of insertion; alternatively, even if service were treated as irregular, the court would not set aside the default judgment because the defendant failed to show any good defence or triable issue and the court accordingly refused to exercise its discretion under Order 13 r.9 to set the judgment aside.