Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Setting aside default/irregular judgment

Legal area

Court

12 Mar 2008

L v. N

Citation

L v. N
Court

Family Court
Case number

FCMC3759/1993

The order of 4 May 2006 was set aside because service of the originating summonses was ineffective and the change of relief at the hearing (to transfer of pension) was so fundamental that the Respondent was entitled to be served and heard; an irregularly obtained order must be set aside under O.13 r.9 without regard to the merits of any defence.
28 May 1999

CHU KAM LUN v. YAP LISA SUSANTO

Citation

CHU KAM LUN v. YAP LISA SUSANTO
Court

Court of Appeal
Case number

CACV86/1999

Service was ineffective because the defendant was physically outside Hong Kong and the plaintiff knew her Indonesian address; the judgment was therefore irregular and, following Hong Kong authorities, an irregular judgment should be set aside without requiring proof of a meritorious defence; on the facts the defendant's asserted defence was not manifestly hopeless and the default judgment was set aside and unconditional leave to defend granted.