Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Withdrawal of defence

Legal area

Court

19 Feb 2025

DR. BUT YIU KUEN, DAVID v. HONG KONG MEDICAL CONSULTANTS LTD

Citation

[2025] HKCFI 1102
Court

Court of First Instance
Case number

HCA1089/2021

On the pleaded facts (admitted by absence of defence or by withdrawal) the five‑year, 3‑kilometre covenant was void as an unreasonable restraint of trade; a declaratory judgment was necessary to do fullest justice; and indemnity costs were justified given defendant's withdrawal, lack of cogent evidence in support of serious allegations, failure to comply with orders and failure to explain the withdrawal.
2 Mar 2018

ERWIANA SULISTYANINGSIH v. TSUI YUN BUN BARRY AND ANOTHER

Citation

[2018] HKCFI 463
Court

Court of First Instance
Case number

HCA2256/2015

The 1st defendant's witness statement constituted an effective withdrawal of his defence amounting to default; because the plaintiff's claim against the defendants was non-severable and she had to prosecute the action at trial to obtain judgment against the defaulting transferee, the ordinary rule that defendants share joint and several liability for costs applies and there were no special circumstances to depart from that rule, so both defendants were ordered jointly and severally to pay the plaintiff's costs (with an order nisi as to the 1st defendant's costs of this application).