17 Mar 2023
Melco Resorts (Macau) Limited v Huang
Gui Jun Huang, the defendant, sought to set aside the default judgment pronounced on December 16, 2022, due to improper service of the notice and meeting the criteria outlined in Miracle Feeds v. D. & H. Enterprises Ltd. Melco Resorts (Macau) Limited, the plaintiff, claimed a debt based on a credit agreement for the purchase of casino chips. The full credit amount had been drawn by November 2019, with partial payments made and a dishonored check. The plaintiff calculated the amount owed, including interest, and attempted to serve the notice but faced difficulties. The defendant's lawyer acknowledged the lawsuit and requested documents. The plaintiff's counsel replied, warning of a default judgment if no response was received by a specified date. The defendant's email reply was considered an acknowledgment, resulting in a default judgment. The default judgment was registered against the defendant's jointly-owned property. The defendant became aware and sought to set it aside.
The court has now held that the default judgment has been set aside, with a required response by March 24, 2023. The defendant has been awarded costs, but payment has been postponed. Either party can seek a resolution on the jurisdiction issue separately from the main action. A summary judgment may be considered before trial, but it has not been decided yet. The court will determine these matters in due course.