Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Retrospective leave to file defence

Legal area

Court

4 Jun 2019

TANG LAI NGOR v. TSENG ANNE formerly known as TSENG HENG TZU

Citation

[2019] HKDC 753
Court

District Court
Case number

DCCJ2061/2018

Defendant failed to accept a reasonable without prejudice settlement proposal contained in the 24 December 2018 letter and maintained an intransigent position such that her refusal materially increased plaintiff's costs; the 6-day lateness in making the proposal did not excuse rejection; accordingly the costs order nisi is varied so defendant must pay costs up to 24 December 2018 (to be taxed if not agreed) and indemnity costs thereafter, including those of the subsequent hearing.
3 Apr 2019

TANG LAI NGOR v. TSENG ANNE formerly known as TSENG HENG TZU

Citation

[2019] HKDC 469
Court

District Court
Case number

DCCJ2061/2018

Retrospective leave was granted because the two‑day delay was a genuine, minimal solicitor error causing no demonstrable prejudice and because the Defence was at least arguable (the defendant pleaded a Sale and Purchase Agreement and payment steps that raised real questions about whether the transfer was a sale rather than a trust), so overall justice required adjudication on the merits; accordingly the default judgment application was dismissed.