Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Setting aside judgment after trial

Legal area

Court

19 Mar 2021

CHIU TIN YAU LESLEY v. DICKSON NG

Citation

[2021] HKCFI 866
Court

Court of First Instance
Case number

HCA105/2004

The defendant failed to prove by adequate, credible evidence that he was wholly cut off from the outside world throughout detention such that he had no means to know of the proceedings or to apply earlier; significant gaps and unexplained omissions (notably absence of son's affidavit and lack of particulars of family efforts) undermined the excuse; additionally the defence did not demonstrate real prospects of success given contemporaneous signed acknowledgement and lack of receipts for alleged repayments; accordingly extension of time was refused and the application to set aside the judgment…
13 Feb 2012

JOYFUL SPARKLE CO LTD v. NG PIK CHU t/a SHAN YAU CO

Citation

JOYFUL SPARKLE CO LTD v. NG PIK CHU t/a SHAN YAU CO
Court

District Court
Case number

DCCJ1881/2008

The application to set aside the judgment was dismissed because the plaintiff's absence at trial was deliberate, there were no very strong reasons to justify a retrial, the plaintiff lacked a real prospect of success on the rent shortfall claim, the defendant would be prejudiced and had acted on the judgment, the applicant unreasonably delayed about 15 months, and public interest and proportionality of costs under the Civil Justice Reform weighed against setting aside the judgment.