CHAN TING KWAN TYRONE v. PENNY FARTHING AGENTS LTD AND ANOTHER

CHAN TING KWAN TYRONE v. PENNY FARTHING AGENTS LTD AND ANOTHER

The documentary record and admissions established the debt and refuted the misrepresentation claim; the alleged set-offs lacked documentary support and were inconsistent and not credible; the 1st defendant had been adjudged liable and the 2nd defendant gave no acceptable explanation for delay — accordingly there was...

Source-derived case information.

Citation
CHAN TING KWAN TYRONE v. PENNY FARTHING AGENTS LTD AND ANOTHER
Parties
Plaintiff: CHAN TING KWAN TYRONE; 1st Defendant: PENNY FARTHING AGENTS LIMITED; 2nd Defendant: LI TAT TING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2004
Case Number
HCA3207/2003
Procedural Posture
Civil Debt/guarantee Action / Appeal From Master's Summary Judgment; Application for Leave to Appeal Out of Time
Outcome
Appeal dismissed; leave to appeal out of time refused
Legal Topics
Summary Judgment, Set Off, Misrepresentation, Appeal Out of Time, Guarantee Enforcement
Source Language
en
Contract Guarantee Civil Procedure Company Law Summary Judgment Set Off Misrepresentation Appeal Out of Time +1 more

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Summary, issues, holding and outcome

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Parties

CHAN TING KWAN TYRONE

Plaintiff

PENNY FARTHING AGENTS LIMITED

1st Defendant

LI TAT TING

2nd Defendant

Procedural Posture

Civil Debt/guarantee Action / Appeal From Master's Summary Judgment; Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the plaintiff's stated loan amount was misstated or misrepresented
  2. 2 Whether the defendants established a valid set-off or counterclaim against the debt
  3. 3 Whether leave to appeal out of time should be granted

Ratio Decidendi

The documentary record and admissions established the debt and refuted the misrepresentation claim; the alleged set-offs lacked documentary support and were inconsistent and not credible; the 1st defendant had been adjudged liable and the 2nd defendant gave no acceptable explanation for delay — accordingly there was no arguable ground of appeal and leave to appeal out of time was not justified, so the appeal must be dismissed.

Court Disposition

Appeal dismissed; leave to appeal out of time refused

Orders

  • Appeal of the 2nd defendant dismissed
  • Leave to appeal out of time refused