Read the full judgment text of CACV 000153/1996 on BabelCite. This Court of Appeal judgment was delivered on 20 November 1996 before Nazareth V.-P., Bokhary JA, Sears J.
Civil procedure – service of writ on company – default judgment – application to set aside – Companies Ordinance (Cap 356) s.356 – service at registered office – process server served at Room 1902 instead of registered office Room 1903 – whether defendant held out neighbouring premises as registered office – strict compliance with s.356 required – postal or substituted service available – judgment irregularly obtained – whether court must set aside unconditionally ex debito justitiae or may impose terms – Honour Finance Co. Ltd. v. Chui Mei-mei considered – Fok Chun-hung v. Lo Yuk-shi discussed – Singh v. Atombrook Ltd followed – Barclays Bank of Swaziland Ltd. v. Hahn, Willowgreen Ltd. v. Smithers and White v. Weston considered – statutory jurisdiction unfettered – 'ex debito justitiae' means without going into merits of defence, not precluding conditions – 17 days' delay by defendant – defendant's confusing office layout – appeal allowed – default judgment set aside on condition that judgment debt already paid be deposited in Court.
Legal issues: Validity of service of writ on a company at its registered office under s.356 Companies Ordinance · Court's power to impose terms when setting aside an irregularly obtained default judgment
Outcome: Appeal allowed; default judgment set aside on condition that the judgment debt, which the defendant had already paid, be deposited in Court.