plaintiff:
  - SUPER POWER PROPERTIES LIMITED

defendant:
  - TANG HING CHEUNG

case_reason: Application to set aside judgment entered in default on 10 February 2009, concerning whether the Writ had been duly served on the Defendant on 17 October 2008 through insertion into the letterbox at the Defendant's last known residential address.

judgment_summary: The District Court heard an application to set aside a default judgment entered on 10 February 2009. The Defendant claimed he never received the Writ served by insertion through his letterbox at Flat B, rear block, 14th Floor, Wai On Building, 1A Austin Road, Kowloon on 17 October 2008. The court found the Defendant presented a credible case that the Writ may have been mis-delivered due to confusing building entrances and letterbox arrangements. The Plaintiff's representative failed to identify which specific letterbox was used for service. Following Po Kwong Marble Factory Limited v Wah Yee Decoration Co Ltd [1996] 4 HKC 157, the court found service irregular and set aside the judgment without regard to the merits of the proposed Defence, with costs to the Defendant.

jurisdiction_code: HKDC

jurisdiction_name: District Court of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Setting aside default judgment
  - Service of process
  - Irregular service of Writ

judgment_result:
  - charge: Application to set aside default judgment entered on 10 February 2009
    result: Application granted; judgment set aside with costs to the Defendant including reserved costs

involved_entities:
  - entity_name: Mimmie Chan
    reason: District Judge who heard the application and rendered the decision on 27 November 2009
  - entity_name: Kent Yee
    reason: Counsel for the Plaintiff, instructed by Messrs Chu & Lau
  - entity_name: Bethany M.Y. Chan
    reason: Counsel for the Defendant, instructed by Rowdget W. Young & Co.
  - entity_name: Food and Environmental Hygiene Department
    reason: Government department that informed the Defendant about the court order on 3 March 2009
  - entity_name: Po Kwong Marble Factory Limited v Wah Yee Decoration Co Ltd [1996] 4 HKC 157
    reason: Binding precedent case cited for the principle that judgment must be set aside when service is irregular
  - entity_name: Wai On Building
    reason: Building at 1A Austin Road, Kowloon where service was attempted and found to have confusing letterbox arrangements
