22 Jul 2005
BANK OF CHINA (HONG KONG) LTD AND OTHERS v. CHEUNG KING FUNG FRANCIS AND ANOTHER
- Citation
- BANK OF CHINA (HONG KONG) LTD AND OTHERS v. CHEUNG KING FUNG FRANCIS AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV66/2005
The Court dismissed the appeals: Yuen JA's refusal to permit fresh evidence was upheld because of inordinate and unexplained delay and the unsatisfactory, unconvincing nature of the new allegations (drunkenness and undue influence); Yam J's dismissal of the application to set aside the default judgment was upheld because the 2nd defendant failed to prove non-receipt of the writ and disclosed no defence on the merits; the affirmation of service was found sufficient and the default judgment regular.