12 Apr 2024
CROWE, CHRISTOPHER PAUL ANDREW v. WEN XINGSHUN AND OTHERS
- Citation
- [2024] HKCFI 980
- Court
- Court of First Instance
- Case number
- HCA1732/2022
The Court set aside the Default Judgment under O13 r9 because the Plaintiff's Statement of Claim was so defectively pleaded—failing to plead essential particulars and elements of fraud, misrepresentation and conspiracy—such that the claim was liable to be struck out; in those circumstances it was a proper exercise of the Court's discretion to allow the 1st Defendant's appeal, set aside the Default Judgment and grant leave to file an Acknowledgment of Service and Defence, with specified costs directions.