Read the full judgment text of HCCT1/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 March 2000 before Hon Burrell J in Chambers.
Construction and Arbitration Proceedings — Default Judgment — Application to Set Aside — Interlocutory Judgment entered in default due to failure to file Defence on time — Defendant applied late extension and then to set aside judgment — Whether judgment properly entered given timing — Whether defendant showed real prospect of success to justify setting aside — Court analyzed timing showing plaintiff entitled to enter timely judgment though tactical — Defence lacked detailed affidavits but sufficient to meet 'real prospect' standard from Premier Fashion Wears Ltd v. Li Hing Chung — Core issue on responsibility for underground equipment stuck and recovery costs under contract clause 3.17 — Judgment set aside subject to stringent conditions of filing Defence within 3 days and payment into court of claimed sum plus interest within 10 days — Costs ordered against plaintiff. On appeal, conditions of payment into court were set aside by CACV000147/2000.
Legal issues: Setting aside default judgment: timing of judgment · Setting aside default judgment: merits of defence
Outcome: Default interlocutory judgment set aside on stringent conditions
Cited by 1 case