Wong Hei Man Patrick v. Wong Kin Leung
Read the full judgment text of HCA 11881/1995 on BabelCite. This High Court CFI judgment was delivered on 15 September 1997.
1. I heard argument on this appeal first on July 29 th . I adjourned the hearing as it appeared to me that the plaintiff might have been prejudiced by the defendant obtaining a default judgment when there was apparently an O.14 appeal.
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HCA011881/1995 1995, No.A11881 IN THE HIGH COURT OF HONG KONG COURT OF FIRST INSTANCE _______________
_______________ Coram: Hon Sears J. in Chambers Dates of hearing: 29 July and 15 September 1997 Date of judgment: 15 September 1997 _______________ J U D G M E N T _______________ 1. I heard argument on this appeal first on July 29th. I adjourned the hearing as it appeared to me that the plaintiff might have been prejudiced by the defendant obtaining a default judgment when there was apparently an O.14 appeal. 2. At today's hearing I have read the affidavits filed and listened to further submissions, as well as the written submissions. 3. I consider that the judgment entered in the counterclaim was regularly obtained. 4. The plaintiff is adopting delaying tactics, there appears to be an admission to this claim. I can find no proven defence to the claim for $1,371,827.40. 5. The appeal is allowed. The charging order remains. Costs of the appeal be to the Defendant.
Representation: Miss Teresa Cheng, inst'd by M/s K.B. Chau & Co., for Plaintiff Mr Lawrence Ng, inst'd by M/s Gallant Y.T. Ho & Co., for Defendant |