SHELDON WONG AND ANOTHER v. ASHWIN KHUBCHANDANI

SHELDON WONG AND ANOTHER v. ASHWIN KHUBCHANDANI

The defendant's summonses to strike out and set aside service were dismissed because the limitation defence and question of concealment/discovery raise disputed factual issues inappropriate for determination on the summons, and the defendant failed to establish that Hong Kong was clearly an inappropriate forum; issues under the CPO and foreign law were sufficiently arguable (including part performance) to require a trial.

Citation
SHELDON WONG AND ANOTHER v. ASHWIN KHUBCHANDANI
Parties
1st Plaintiff: Sheldon Wong; 2nd Plaintiff: Kerry Lynn Gee Wong; Defendant: Ashwin Khubchandani
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 April 2004
Case Number
DCCJ6740/2003
Procedural Posture
Civil Action (district Court) / Judgment on Defendant's Summons to Strike Out and Set Aside Service (pre Trial)
Outcome
All defendant's summonses dismissed; claim not struck out and to proceed to trial
Legal Topics
Breach of Contract, Limitation Period and Discovery, Forum Non Conveniens, Service Out of Jurisdiction, Requirement of Written Memorandum for Sale of Land, Part Performance
Source Language
EN
Contract Law Limitation Law Private International Law Property Law Civil Procedure Breach of Contract Limitation Period and Discovery Forum Non Conveniens +3 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sheldon Wong

1st Plaintiff

Kerry Lynn Gee Wong

2nd Plaintiff

Ashwin Khubchandani

Defendant

Procedural Posture

Civil Action (district Court) / Judgment on Defendant's Summons to Strike Out and Set Aside Service (pre Trial)

Legal Issues

  1. 1 Whether the action is statute-barred under the Limitation Ordinance
  2. 2 Whether the plaintiffs are entitled to rely on s26 (fraud/concealment/discovery) to delay accrual of time
  3. 3 Whether Hong Kong is forum non conveniens or India/Singapore is the appropriate forum

Ratio Decidendi

The defendant's summonses to strike out and set aside service were dismissed because the limitation defence and question of concealment/discovery raise disputed factual issues inappropriate for determination on the summons, and the defendant failed to establish that Hong Kong was clearly an inappropriate forum; issues under the CPO and foreign law were sufficiently arguable (including part performance) to require a trial.

Court Disposition

All defendant's summonses dismissed; claim not struck out and to proceed to trial

Orders

  • Defendant's summons under Order 18 rule 19 to strike out the statement of claim dismissed
  • Summons to set aside service of notice of the writ dismissed; leave to serve outside jurisdiction upheld