Hong Kong Case Law: Decisions & Judgments

Topic

Set aside judgment

Legal area

Court

7 Apr 2025

CHAN SAU KWEI CHRISTOPHER 對 KAN YAN TING EDWIN alias KAN CHI HUI

Citation

[2025] HKDC 618
Court

District Court
Case number

DCCJ4437/2007

Upon adjudication the bankrupt's property and causes of action vest in the Official Receiver/Trustee, so the adjudicated bankrupt lacks standing to pursue or continue the application relating to the property; however, procedural fairness requires the Official Receiver/Trustee be notified and given an opportunity to file submissions before the court finally disposes of the application.
19 Dec 2024

FONG PING KIT v. TSANG HIN WAI, THE ADMINISTRATOR OF THE ESTATE OF LEE CHIU TAI, DECEASED AND ANOTHER

Citation

[2024] HKCFI 3585
Court

Court of First Instance
Case number

HCA2200/2017

The judge found on balance that the core affirmations supporting the 2007 Order were dishonest: documentary and contemporaneous evidence (Rent Book, DLO letters, AFD licences, business records) established plaintiff's long open occupation and undermined the defendants' claim of continuous possession by Madam Lee and family; the Purported Lease was fabricated by D1 and not credible; service affirmations were not proven false but that did not excuse the dishonest primary case. Because the 2007 Order was obtained by fraud and the Consent Summons/payment flowed from representations based on that…
21 Nov 2024

FOREIGN POLICY DESIGN GROUP PTE LTD v. MAP ARCHITECTURE & PLANNING LTD

Citation

[2024] HKDC 1953
Court

District Court
Case number

DCCJ555/2022

The defendant failed to demonstrate a realistic prospect of successfully defending the claim or to set aside the default judgment; evidence, including contemporaneous emails, supports that the plaintiff completed the contracted work and was entitled to payment; there was no contractual requirement for HKJC sign-off or for submission/approval of payment schedules or invoices to trigger payment; Master’s dismissal of the applications was correct and is affirmed.
8 Mar 2023

NEW INTERTRADE FOODS CO LTD v. SUN FUNG TIMBER COMPANY LTD AND ANOTHER

Citation

[2023] HKCFI 1093
Court

Court of First Instance
Case number

HCMP363/2020

The 2nd defendant acted unreasonably and with extreme dilatoriness (notably a nine month delay and neutral stance after repeated extensions) which caused unnecessary length and expense to the intervention application; therefore the court exercised its discretion under section 738 to order Tsang to pay the plaintiff's costs personally on an indemnity basis, and ordered the Company to indemnify the plaintiff out of its assets for costs of intervening in the HCCT proceedings.
31 Aug 2022

NG NIM CHUNG, deceased AND ANOTHER v. NG WING MAN TERRY

Citation

[2022] HKCFI 2670
Court

Court of First Instance
Case number

HCA2221/2016

Leave to appeal was granted because there is a key consideration—namely the continued effect of the unchallenged 16/8/2021 Decision and the limited extent to which the defendant's later sworn evidence altered the material circumstances—which may lead an appellate court to reach a different view on whether the discretion to set aside the judgment was properly exercised.
4 Jun 2021

EGO FINANCE LTD v. JU LUI AND OTHERS

Citation

[2021] HKDC 651
Court

District Court
Case number

DCMP1714/2020

The 1st defendant failed to demonstrate that he did not receive adequate notice or that he had a real prospect of success on the merits; his allegations of fraud/conspiracy were unparticularised and unsupported; therefore the application to set aside the judgment and order was dismissed and costs awarded against him.
25 Mar 2020

NEW CASTLE INVESTMENTS LTD v. WFC HOLDING LTD AND OTHERS

Citation

[2020] HKCFI 537
Court

Court of First Instance
Case number

HCA1632/2018

Appeal allowed and the Master’s conditional order set aside because the Default Judgment was irregular: plaintiff failed to give credit for the deposit (deeming provision) such that at the date of the statutory demands there was no debt; irregularity justified unconditional setting aside of the Default Judgment and extension of time to appeal.
20 May 2019

ACUTE RESULT HOLDINGS LTD v. LIONCAP ASIA LTD AND ANOTHER

Citation

[2019] HKCFI 1580
Court

Court of First Instance
Case number

HCA2918/2018

The plaintiff was entitled to rescind the agreements for fraudulent/reckless misrepresentation as pleaded; the relevant part of the prior default judgment (HCA 820/2018) is set aside to permit rescission; default judgment is entered in HCA 2918/2018 awarding rescission and restitution (return of shares, dividends, interest at commercial rate prime plus 1% p.a.) and requiring the plaintiff to return any principal sums received with interest at prime plus 1% p.a.; an order to be drawn for court approval.
29 Mar 2019

ZHENG LI FENG v. SUPER WORTH INTERNATIONAL LID AND ANOTHER

Citation

[2019] HKCFI 868
Court

Court of First Instance
Case number

HCA1043/2012

Application dismissed because the 2nd Defendant failed to provide strong, credible reasons or evidence showing a real prospect of success, her new allegations contradicted prior pleadings and witness statement, she had been represented until shortly before trial such that notice was imputed, and setting aside would unfairly prejudice the Plaintiff.
4 Jan 2019

PT ARK VISI TEKNIK v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP AND OTHERS

Citation

[2019] HKCFI 209
Court

Court of First Instance
Case number

HCAJ109/2017

Payment out of the judgment sum was ordered because the Defendants had not instituted any proper action to set aside the judgment, had not filed properly notarized evidence nor obtained a stay of execution, and the court must balance the risk of irrecoverability against the successful litigant's entitlement to prompt payment, especially given the modest amount; the Defendants' strike out and setting aside application was dismissed as the court was functus officio and the correct procedure is a fresh action.