China State Construction Engineering (Hong Kong) Ltd v. Ho Siu Po
Read the full judgment text of HCCT 57/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 March 2004 before Hon Reyes J.
Procedure — Setting aside default judgment — Saudi Eagle test — Defendant must demonstrate reasonable prospect of success and provide explanation for delay in applying to set aside — Defendant failed to provide particularised evidence or explanation for 7-month delay — Application refused. The Plaintiff obtained a default judgment against the Defendant, who then applied to set aside the judgment nearly seven months later without sufficient evidence or explanation. The court applied the Saudi Eagle test and held that the Defendant did not satisfy the requirements, resulting in refusal of the application.
Legal issues: Setting aside default judgment
Outcome: Defendant's application to set aside default judgment refused
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HCCT000057/2003 HCCT 57/2003 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS ____________
____________ Coram: Hon Reyes J in Chambers Date of Hearing: 4 March 2004 Date of Judgment: 4 March 2004 _______________ J U D G M E N T _______________ 1.I am against the Defendant's application. I refuse leave to set aside judgment in default of liability. Under the Saudi Eagle test [1986] 2 Lloyds Rep 221, a defendant seeking to set aside a default judgment must show at least 2 things:
2.On the 1st requirement, I am not satisfied on the evidence (there is in fact no particularised evidence at all), that the Defendant has a reasonable prospect of success. To satisfy the court of a reasonable prospect to success, the Defendant must condescend to particulars. He cannot merely assert that he has a claim. He must provide sufficient details on affidavit of the facts and matters upon which he relies to enable the court to assess his prospect of success. That has not been done here. 3.On the 2nd requirement, there is simply no explanation in the affidavit evidence as to why there has been a 7-month delay. The court is thus unable to assess the merits of the Defendant's application to set aside. 4.For these reasons, I am unable to exercise my discretion in favour of the Defendant to set aside the default judgment on liability.
Representation: Mr Shepherd, of Messrs Herbert Smith, for the Plaintiff Mr Ivan Cheung, instructed by Messrs Leung, Chan & Pang, for the Defendant |