CHEUNG HUNG v. YU DELEI

HCA 675/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 675 OF 2014

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J U D G M E N T

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1.  These proceedings were commenced by writ dated 11 April 2014, on which was specifically endorsed the statement of claim, essentially based upon a claim by the plaintiff against the defendant as a nominee for various holdings in a securities account.  By summons dated 4 June 2015, pursuant to Order 19, Rule 7, the plaintiff now applies for judgment in default of notice of intention to defend and in default of the filing of any defence. 

2.  I am satisfied from the two affirmations of service that service has been effected of firstly the writ and statement of claim, and subsequently the summons seeking judgment.

3.  Mr Cheng has reminded me of the principles on applications of this nature.  The court’s task in exercising its discretion is to see whether the plaintiff appears to be entitled to judgment on the statement of claim.  The court cannot receive any evidence but it must give judgment according to the pleadings alone.  It is not necessary on the hearing of an application to prove the case by evidence, and indeed the costs of any affirmation in support of the claim would be disallowed.

4.  Further, it is not the normal practice of the court to make a declaration in default of defence, in particular where the declaration is that the defendant has acted fraudulently. 

5.  Now, although there is a claim in conversion pleaded in the statement of claim, Mr Cheng has confirmed this morning that the plaintiff abandons that claim and abandons certain of the heads of categories of relief that are sought in the prayer to the claim, including a claim to a declaration or an account or damages for conversion. 

6.  I have considered the claim as it has been summarised by Mr Cheng in his skeleton argument and I am satisfied that this is an appropriate case for the grant of judgment and I make an order in terms of paragraphs 1, 2, 3, 4 and 10 of the claim, that is, paragraphs 1, 2, 3, 4 and 10 of the summons, save the paragraph 10 will be amended to read “Costs to be taxed if not agreed.”