21 Dec 1984
UNITED MERCHANTS FINANCE LTD. v. TONG SANG AND ANOTHER
- Citation
- UNITED MERCHANTS FINANCE LTD. v. TONG SANG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV172/1984
The Court held that the 9 March default judgment was irregular and must be set aside because it was entered before actual default/service and because the District Court Rules (r.22) exclude mixed claims from the default judgment procedure so the court lacked jurisdiction to enter judgment on the unliquidated element; the 27 March judgment was also set aside after balancing delay against the defendant's explanations and the fact that the substantive unliquidated claim must be heard on the merits.