Read the full judgment text of HCA 017878/1999 on BabelCite. This High Court CFI judgment was delivered on 27 July 2000 before Deputy High Court Judge S Kwan.
Civil procedure – default judgment – setting aside – joinder of party – locus standi – ancillary relief – stay of proceedings – costs – Plaintiff and Defendant brothers dispute property ownership – Defendant's wife seeks ancillary relief in divorce – Default judgment obtained without notice to wife – Application to set aside default judgment and join wife as party – Whether third party can apply to be joined after default judgment – Whether wife has legal interest in property – Whether defence on merits exists – Whether action should be stayed – Costs awarded against Plaintiff and Defendant for reprehensible behaviour – Application allowed – Default judgment set aside – Wife joined as 2nd Defendant – Action stayed pending ancillary relief – Costs of HK$50,000.00 awarded
Legal issues: Joinder after default judgment · Locus standi and legal interest · Defence on the merits · Stay of action · Costs
Outcome: Application allowed. Default judgment set aside. Madam Cheng joined as 2nd Defendant. Action stayed pending ancillary relief. Costs awarded.
Cited by 1 case