10 Feb 2025
HO CHUNG YIN AND ANOTHER v. CHUNG WAI CHUN SUSANNA
- Citation
- [2025] HKDC 181
- Court
- District Court
- Case number
- DCCJ7866/2002
The certified Hague Convention document and process-server affidavit constituted prima facie evidence of personal service which the defendant failed to rebut with compelling evidence; further, the defendant's application was inordinate and inexcusable delayed (over 15 years), causing clear prejudice to the plaintiffs and meriting refusal to exercise discretion to extend time or to set aside the judgment under O35 r2 or O13 r9; fresh evidence failed the Ladd v Marshall tests and was therefore not admitted.
- Service of process (hague convention)
- Setting aside judgment
- Default judgment vs judgment after trial
- Vendor's obligation to show title and answer requisitions
- Substituted service
- Admission of fresh evidence on appeal