Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Set-aside default judgment

  • 22 Jun 2006

    PSI ELECTRONICS LTD v. BMS CHINA LTD

    Citation
    PSI ELECTRONICS LTD v. BMS CHINA LTD
    Court
    Court of First Instance
    Case number
    HCA2477/2005

    Defendant failed to produce credible evidence (samples, test reports or contemporaneous acceptance) to show a real prospect of success on its defences and the alleged counter-claim was unrelated and could not operate as an equitable set-off, therefore the application to set aside the default judgment was dismissed and the judgment stands.

  • 19 Jan 2006

    MAK YIN HA v. WONG CHO HIM WILLIAM

    Citation
    MAK YIN HA v. WONG CHO HIM WILLIAM
    Court
    District Court
    Case number
    DCCJ1832/2005

    Service by registered post was properly proved and not rebutted; the defendant failed to comply with Order 2 Rule 2 to challenge irregularity; the involuntary bailee defence was without substance as a driver who agrees to drive cannot be an involuntary bailee; there was no evidence the action was by an insurer in subrogation and the asserted subrogation defence was speculative; the defendant did not discharge the onus of showing a defence with a reasonable prospect of success, therefore the application to set aside the interlocutory/default judgment is dismissed.