3 Jul 2019
The court accepted the defendant's credible evidence of non-receipt and lack of knowledge and found the plaintiff's materials insufficient to cast doubt on that evidence; therefore service by insertion at the TKW address was ineffective and paragraphs 2 to 4 of the Order were irregular and are set aside.
19 Feb 2016
Default judgment was regular; defendant failed to provide convincing evidence of non-receipt but demonstrated a real prospect of success on the merits such that the judgment should be set aside subject to strict conditions — payment of the claimed sum into court and payment of specified costs by a fixed date; failure to comply results in dismissal of the appeal with costs.
27 Nov 2012
Service by insertion through the letter box was defective because the defendant was not within Hong Kong when the writ was served; subsequent notice of the proceedings does not cure that defect; accordingly the default judgment was irregular and must be set aside unconditionally given the plaintiff's conduct and lack of good faith in pursuing default judgment.
27 Nov 2009
The judgment of 10 February 2009 was set aside because the only method of service relied upon (insertion through a letterbox) was found to be irregular on the evidence: the Defendant produced a credible case of non-receipt and the Plaintiff failed to identify the exact entrance or letterbox used; under Po Kwong the default judgment must be set aside without imposing conditions.