MAK MAN POR AND ANOTHER v. KOO SZE LAR

MAK MAN POR AND ANOTHER v. KOO SZE LAR

The defendant demonstrated a fair probability of a defense by establishing an arguable prior oral agreement concerning retention and purpose of the $100,000 that was extrinsic to and not regulated by the Deed of Indenture; accordingly leave to defend must be granted and the Master's order and consequential judgment set aside.

Citation
MAK MAN POR AND ANOTHER v. KOO SZE LAR
Parties
1st Plaintiff: Mak Man Por; 2nd Plaintiff: Mak Look Chiu; Defendant/appellant: Koo Sze Lar
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 1982
Case Number
HCA3382/1981
Procedural Posture
Civil Appeal / Appeal Against Master's Decision Granting Leave to Sign Judgment (chambers Hearing)
Outcome
Appeal allowed; order of learned Master set aside; unconditional leave to defend granted; judgment entered pursuant to Master's order set aside.
Legal Topics
Partnership Dissolution, Deed of Indenture, Retention of Funds, Parol Evidence/prior Oral Agreement, Leave to Defend / Summary Judgment, Costs
Source Language
EN
Partnership Law Contract Law Civil Procedure Partnership Dissolution Deed of Indenture Retention of Funds Parol Evidence/prior Oral Agreement Leave to Defend / Summary Judgment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mak Man Por

1st Plaintiff

Mak Look Chiu

2nd Plaintiff

Koo Sze Lar

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Master's Decision Granting Leave to Sign Judgment (chambers Hearing)

Legal Issues

  1. 1 Whether the defendant was authorized by the Deed of Indenture to retain $100,000
  2. 2 Whether a prior oral agreement existing before the deed governed retention and disposition of the $100,000
  3. 3 Whether the defendant has shown a fair probability of a defence sufficient to warrant leave to defend and set aside judgment

Ratio Decidendi

The defendant demonstrated a fair probability of a defense by establishing an arguable prior oral agreement concerning retention and purpose of the $100,000 that was extrinsic to and not regulated by the Deed of Indenture; accordingly leave to defend must be granted and the Master's order and consequential judgment set aside.

Court Disposition

Appeal allowed; order of learned Master set aside; unconditional leave to defend granted; judgment entered pursuant to Master's order set aside.

Orders

  • Appeal allowed
  • Order of learned Master dated 25 September 1981 set aside