The Privy Council Clarifies The Law On Default Judgments In The Eastern Caribbean

In the recent Judicial Committee of the Privy Council (the Privy Council or the Board) decision in Lux Locations Ltd. v Yida Zhang¹ the Privy Council explained the proper approach on an application for a default judgment to be entered where the Claimant is seeking a remedy other than an award of money.

The Board held that the issuing of a default judgment in these circumstances was a "judgment or order of the High Court" against which leave to appeal could be sought. The Privy Council also held that the court should refuse to enter a default judgment where it was evident that there may be good grounds for ultimately setting it aside.

Background facts

The Appellant, Lux Locations Ltd. (Lux), was an estate agency that was engaged by the Respondent, Mr Yida Zhang (Mr Yida), a Chinese national, to assist him to purchase a piece of land in Antigua. Lux was engaged on written terms that if Mr Yida or an affiliate acquired the land, Mr Yida would pay Lux a