MAY\'S INVESTMENT CO. LTD. v. WAI SHING GARMENT LTD. and Another

MAY\'S INVESTMENT CO. LTD. v. WAI SHING GARMENT LTD. and Another

Defendants raised credible, bona fide triable issues (as to promise to renew/rectification and the enforceability of the surety) such that absence of contemporaneous documents did not render the defence incredible and summary judgment was inappropriate; accordingly the appeal was allowed and leave to defend granted subject to interim payments.

Citation
MAY\'S INVESTMENT CO. LTD. v. WAI SHING GARMENT LTD. and Another
Parties
Plaintiff / Respondent: MAY S INVESTMENT COMPANY LIMITED; 1st Defendant / 1st Appellant: WAI SHING GARMENT LIMITED trading under the firm name of MAYFAIR HOUSE GARMENTS RETAILERS & WHOLESALERS; 2nd Defendant / 2nd Appellant: CHAN WAI YEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1997
Case Number
HCA648/1997
Procedural Posture
Landlord and Tenant; Contract and Equity; Rectification; Suretyship; Summary Judgment Appeal / Appeal From Summary Judgment (o.14 R.3) — Leave to Defend Granted
Outcome
Appeal allowed; Judge set aside summary judgment and granted leave to defend
Legal Topics
Rectification, Mistake (common and Unilateral), Suretyship, Summary Judgment, Mesne Profits, Possession
Source Language
EN
Contract Property Equity Civil Procedure Rectification Mistake (common and Unilateral) Suretyship Summary Judgment +2 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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

MAY S INVESTMENT COMPANY LIMITED

Plaintiff / Respondent

WAI SHING GARMENT LIMITED trading under the firm name of MAYFAIR HOUSE GARMENTS RETAILERS & WHOLESALERS

1st Defendant / 1st Appellant

CHAN WAI YEE

2nd Defendant / 2nd Appellant

Procedural Posture

Landlord and Tenant; Contract and Equity; Rectification; Suretyship; Summary Judgment Appeal / Appeal From Summary Judgment (o.14 R.3) — Leave to Defend Granted

Legal Issues

  1. 1 Whether the Tenancy Agreement should be rectified to include a renewal clause due to common or unilateral mistake
  2. 2 Whether the 2nd Defendant is bound as surety given alleged past consideration/part performance
  3. 3 Whether the Defendants raised a bona fide triable defence making summary judgment inappropriate

Ratio Decidendi

Defendants raised credible, bona fide triable issues (as to promise to renew/rectification and the enforceability of the surety) such that absence of contemporaneous documents did not render the defence incredible and summary judgment was inappropriate; accordingly the appeal was allowed and leave to defend granted subject to interim payments.

Court Disposition

Appeal allowed; Judge set aside summary judgment and granted leave to defend

Orders

  • Appeal allowed
  • Defendants granted leave to defend