LEE SING LEUNG, ROBIN v. LUK WING KWONG, QUINTIN

LEE SING LEUNG, ROBIN v. LUK WING KWONG, QUINTIN

Defendant failed to demonstrate any reasonable triable issue under Order 14; liability under the Deed of Indemnity is established; interlocutory judgment entered for damages to be assessed; defendant's counterclaim for repayment of HK$16,350,000 struck out; costs awarded to plaintiff (certificate for two counsel), to be taxed if not agreed.

Citation
LEE SING LEUNG, ROBIN v. LUK WING KWONG, QUINTIN
Parties
Plaintiff (hca 1023/2011): J. Thomson Asset Investment Limited; Defendant (hca 1023/2011); Plaintiff (hca 1890/2010): Lee Sing Leung, Robin; Defendant (hca 1890/2010): Luk Wing Kwong, Quintin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2012
Case Number
HCA1890/2010
Procedural Posture
Civil Commercial Claim for Indemnity and Damages Under Deed of Indemnity / Summary Judgment Application Heard; Interlocutory Judgment for Damages to Be Assessed
Outcome
Summary judgment entered for the plaintiff (J. Thomson Asset Investment Limited) against the defendant (Lee Sing Leung) with interlocutory judgment for damages to be assessed; defendant's counterclaim struck out; costs to plaintiff with certificate for two counsel, to be taxed if not agreed; no order as to...
Legal Topics
Deed of Indemnity, Summary Judgment (order 14), Interlocutory Judgment, Assessment of Damages, Counterclaim, Costs
Source Language
EN
Contract Civil Procedure Commercial Law Remedies Deed of Indemnity Summary Judgment (order 14) Interlocutory Judgment Assessment of Damages +2 more

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Parties

J. Thomson Asset Investment Limited

Plaintiff (hca 1023/2011)

Lee Sing Leung, Robin

Defendant (hca 1023/2011); Plaintiff (hca 1890/2010)

Luk Wing Kwong, Quintin

Defendant (hca 1890/2010)

Procedural Posture

Civil Commercial Claim for Indemnity and Damages Under Deed of Indemnity / Summary Judgment Application Heard; Interlocutory Judgment for Damages to Be Assessed

Legal Issues

  1. 1 Whether summary judgment/interlocutory judgment should be entered
  2. 2 Whether plaintiff entitled to claim face value of Convertible Bonds
  3. 3 Appropriate basis and date for assessment of damages

Ratio Decidendi

Defendant failed to demonstrate any reasonable triable issue under Order 14; liability under the Deed of Indemnity is established; interlocutory judgment entered for damages to be assessed; defendant's counterclaim for repayment of HK$16,350,000 struck out; costs awarded to plaintiff (certificate for two counsel), to be taxed if not agreed.

Court Disposition

Summary judgment entered for the plaintiff (J. Thomson Asset Investment Limited) against the defendant (Lee Sing Leung) with interlocutory judgment for damages to be assessed; defendant's counterclaim struck out; costs to plaintiff with certificate for two counsel, to be taxed if not agreed; no order as to...

Orders

  • Summary judgment entered for plaintiff in HCA 1023/2011
  • Interlocutory judgment for damages to be assessed