ANTHONY CHARLES DESIR v. AJAX PONG MACHINERY LEASING LTD AND ANOTHER

ANTHONY CHARLES DESIR v. AJAX PONG MACHINERY LEASING LTD AND ANOTHER

The judge concluded the defendants lacked a realistic prospect of success on appeal because the trial judge's factual findings (including identity of contracting party and the relevance of Nichimen's position) were supported by the evidence and not plainly wrong; quantum meruit recovery of HK$300,000 was available and the defendants' unclean hands argument did not defeat restitution; accordingly leave to appeal and stay were dismissed and interim security ordered paid to the plaintiff.

Citation
ANTHONY CHARLES DESIR v. AJAX PONG MACHINERY LEASING LTD AND ANOTHER
Parties
Plaintiff: Anthony Charles Desir; 1st Defendant: Ajax Pong Machinery Leasing Limited; 2nd Defendant: Ajax Pong (Holdings) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 June 2006
Case Number
DCCJ16078/2000
Procedural Posture
Civil Action (debt/contract) / Post Judgment Application for Leave to Appeal and Stay of Execution
Outcome
Applications for leave to appeal and for stay of execution dismissed; interim stay of execution lifted; security paid out to plaintiff; costs ordered against defendants.
Legal Topics
Quantum Meruit, Leave to Appeal, Stay of Execution, Costs, Finding of Fact, Standard of Appellate Review
Source Language
EN
Contract Law Restitution / Unjust Enrichment Civil Procedure Appeal Law Quantum Meruit Leave to Appeal Stay of Execution Costs +2 more

Case Brief

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Parties

Anthony Charles Desir

Plaintiff

Ajax Pong Machinery Leasing Limited

1st Defendant

Ajax Pong (Holdings) Limited

2nd Defendant

Procedural Posture

Civil Action (debt/contract) / Post Judgment Application for Leave to Appeal and Stay of Execution

Legal Issues

  1. 1 Whether defendants have a realistic prospect of success on appeal
  2. 2 Whether the trial judge's factual findings (identity of contracting party; October agreement with Nichimen) were plainly wrong
  3. 3 Whether plaintiff is entitled to quantum meruit recovery of HK$300,000

Ratio Decidendi

The judge concluded the defendants lacked a realistic prospect of success on appeal because the trial judge's factual findings (including identity of contracting party and the relevance of Nichimen's position) were supported by the evidence and not plainly wrong; quantum meruit recovery of HK$300,000 was available and the defendants' unclean hands argument did not defeat restitution; accordingly leave to appeal and stay were dismissed and interim security ordered paid to the plaintiff.

Court Disposition

Applications for leave to appeal and for stay of execution dismissed; interim stay of execution lifted; security paid out to plaintiff; costs ordered against defendants.

Orders

  • Application for leave to appeal dismissed
  • Application for stay of execution pending appeal dismissed