Read the full judgment text of HCCT000042/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 January 1998 before The Hon Mr Justice Findlay.
Default judgment partially set aside in High Court of Hong Kong SAR where defendant demonstrated a real prospect of success for part of the claim. Court considered costs allocation, finding that because plaintiff proceeded with default judgment despite knowledge defendant intended to defend, costs for the set aside application should be equally borne. Plaintiff's subsequent application to vary costs order was unsuccessful, resulting in plaintiff bearing those costs. Defendant's application for stay of execution pending appeal was granted in the exercise of discretion, given inferred hardship to defendant and imminent appeal hearing, with costs awarded to plaintiff. Overall disposition involved partial setting aside of judgment, costs orders favoring equitable allocation and costs following event, and a stay of execution pending appeal.
Legal issues: Costs of application to set aside default judgment · Stay of execution pending appeal
Outcome: Default judgment partially set aside; costs orders adjusted accordingly; stay of execution granted pending appeal.