TSANG YIU CHEONG AND ANOTHER v. CHAN HIN WONG t/a THREE STAR TOURIST BUS CO AND ANOTHER

TSANG YIU CHEONG AND ANOTHER v. CHAN HIN WONG t/a THREE STAR TOURIST BUS CO AND ANOTHER

The court found the plaintiffs' defences to the counterclaims were inconsistent and shadowy but concluded the factual disputes could not be fully resolved on the papers; accordingly the court refused to enter summary judgment and instead granted conditional leave to defend.

Citation
TSANG YIU CHEONG AND ANOTHER v. CHAN HIN WONG t/a THREE STAR TOURIST BUS CO AND ANOTHER
Parties
1st Plaintiff: Tsang Yiu Cheong; 2nd Plaintiff: Chan Ming Pok, Fanny; 1st Defendant: Chan Hin Wong trading as Three Star Tourist Bus Co.; 2nd Defendant: Hong Kong Power Ltd.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 May 2003
Case Number
DCCJ5043/2002
Procedural Posture
Civil Employment/wages Claim With Counterclaim for Loans and Misappropriation / Summary Judgment Application (order 14) on Defendants' Counterclaims
Outcome
Defendants' application for summary judgment on their counterclaims refused; conditional leave to defend granted to plaintiffs
Legal Topics
Unpaid Wages, Counterclaim for Loans, Misappropriation, Summary Judgment, Discovery, Further and Better Particulars, Conditional Leave to Defend
Source Language
EN
Employment Law Contract Law Civil Procedure Debt Recovery Commercial Law Unpaid Wages Counterclaim for Loans Misappropriation +4 more

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Parties

Tsang Yiu Cheong

1st Plaintiff

Chan Ming Pok, Fanny

2nd Plaintiff

Chan Hin Wong trading as Three Star Tourist Bus Co.

1st Defendant

Hong Kong Power Ltd.

2nd Defendant

Procedural Posture

Civil Employment/wages Claim With Counterclaim for Loans and Misappropriation / Summary Judgment Application (order 14) on Defendants' Counterclaims

Legal Issues

  1. 1 Whether defendants are entitled to summary judgment on their counterclaims
  2. 2 Whether the plaintiffs' defences to the counterclaims are bona fide or 'shadowy'
  3. 3 Whether factual disputes require trial rather than resolution on affidavit/pleadings

Ratio Decidendi

The court found the plaintiffs' defences to the counterclaims were inconsistent and shadowy but concluded the factual disputes could not be fully resolved on the papers; accordingly the court refused to enter summary judgment and instead granted conditional leave to defend.

Court Disposition

Defendants' application for summary judgment on their counterclaims refused; conditional leave to defend granted to plaintiffs

Orders

  • Conditional leave to defend granted