Martine Garland

At a case conference regarding the plaintiff's motion for default judgment, the defendants indicated an intention to challenge the validity of service in Hong Kong under the Hague Convention.

The defendants' counsel appeared on a limited scope retainer solely to contest service.

The court held that it would be an abuse of process to allow the defendants to delay adjudication by retaining counsel incrementally.

The court scheduled the plaintiff's motion for default judgment and directed that any motions by the defendants to set aside service or lift the noting in default be heard at the same time.

The plaintiff, a real estate agent, brought a motion for summary judgment against her former brokerage for unpaid commissions and improperly deducted fees.

The brokerage argued the commission was subject to a referral agreement with an unlicensed third party and was being held in trust.

The court found that while an agreement to split the commission existed, it was unenforceable under the Real Estate Brokers Act, 2002, which prohibits paying commissions to unlicensed persons.

The court granted summary judgment to the plaintiff for the unpaid commission and the improperly deducted fees.