In the case of Canterbury Securities Ltd (In Official
Liquidation) v Wincura, the Grand Court of the Cayman Islands
addressed the issue of granting declaratory relief upon an
application for default judgment.
Under Order 19 rule 7 of the Grand Court Rules, upon a
defendant's default in filing and serving a defence, the
court shall grant judgment as the plaintiff appears entitled to on
the statement of claim. With reference to the corresponding
sections in both Supreme Court Practice 1999 of England and the
Hong Kong White Book, Justice Doyle highlighted that the power to
grant declaratory relief in a default judgment application is
discretionary but requires the court's careful
consideration.
