REPUBLIC HOLDINGS LTD AND ANOTHER v. PANG WAI KWONG AND ANOTHER

DCCJ 761/2017

[2018] HKDC 1503

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 761 OF 2017

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DECISION

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1.  On 5 September 2017, the plaintiffs applied for a default judgment against the defendants before me pursuant to the Rules of the District Court, Order 19 rule 7. On that occasion, I dismissed the plaintiffs’ application on the ground that there was no plea in the statement of claim explaining why the plaintiffs’ claim was within the jurisdiction of this court (“the Decision”). Subsequently, the plaintiffs have amended the statement of claim and have addressed the jurisdiction issue in the amended statement of claim. Based upon the amended statement of claim, the plaintiffs now make another application for a default judgment against the defendants. For ease of reference, I adopt the abbreviations used in the Decision herein.

2.  Based upon the evidence on service produced by the plaintiffs, I am satisfied that all the documents concerning this application have been duly served on the defendants.

3.  The facts pleaded in the statement of claim have been summarized in §3 of the Decision, and I shall not repeat the same here.  Those facts are still there in the amended statement of claim.  Based upon the matters pleaded in the amended statement of claim, I am satisfied that the plaintiffs are entitled to have judgment.

4.  The plaintiffs are now only seeking an order to set aside the Deed of Gift.  I give judgment to the plaintiffs and make that order.  I also make an order that costs of these proceedings, including costs of this application and with a certificate for counsel, be to the plaintiffs. Those costs are summarily assessed at HK$30,000.

5.  I thank counsel for the assistance provided to the court.