Lin v Tang

The case of Lin v Tang involved an appeal against the refusal of a default judgment to be set aside. Lin, the plaintiff, sought to have a default judgment that had been entered against him set aside. Tang, the defendant, had initially failed to file a defence, leading to the entry of the default judgment. However, Lin subsequently filed an application to set aside the default judgment. The court of appeal was tasked with determining whether the lower court had correctly refused to set aside the default judgment.

The court had to consider whether the lower court had erred in its refusal to set aside the default judgment. Specifically, the court needed to examine whether the refusal to set aside the default judgment was a denial of natural justice, given that Lin had been given multiple opportunities to file a defence and had failed to do so. The court also had to consider whether the interlocutory decision of the lower court, which refused to set aside the default judgment, was correct and whether leave to appeal should have been granted.

The court of appeal held that the lower court had not erred in its decision to refuse to set aside the default judgment. The court found that there was no denial of natural justice, as Lin had indeed been given numerous opportunities to file a defence. The court further held that the interlocutory decision of the lower court was correct and that there were no grounds for granting leave to appeal. Consequently, the appeal was dismissed.

No further orders were made by the court of appeal.