Read the full judgment text of HCA 9093/2000 on BabelCite. This High Court CFI judgment was delivered on 29 June 2006 before Deputy High Court Judge Poon.
Civil procedure – setting aside default judgment – regular default judgment – test for setting aside – whether defendant has good defence on merits with real prospect of success – application of Premier Fashion Wears Ltd v. Chow Cheuk Man and O Mark Ployethene Products Fty Ltd v. Reap Star Ltd. Insurance – former insurance agent – alleged breach of confidence and conversion of Client Data (White Card and Underwriting Notification) – ownership of Client Data as confidential information/trade secrets – whether agent free to use documents supplied by policyholder – reliance on AXA China Region Insurance Co. Ltd v. Pacific Century Insurance Co. Ltd and AXA China Region Insurance Co. Ltd v. Pacific Century Insurance Co. Ltd (No.2). Evidence – credibility of defendant's explanation and corroborating affirmation of policyholder – inherent implausibility of handing over White Card containing commission rate and pre-policy Underwriting Notification as 'reference'. Outcome – application to set aside default judgment dismissed; costs to plaintiffs to be taxed if not agreed.
Legal issues: Whether default judgment should be set aside for want of a defence with real prospect of success
Outcome: The 40th defendant's application to set aside the default judgment is dismissed.
Cited by 12 cases