HO LAI KO LEGO AND ANOTHER v. CHEUNG KIT WAH

HO LAI KO LEGO AND ANOTHER v. CHEUNG KIT WAH

The Defence raised a bona fide triable issue about whether there was a sale rather than a consensual termination and whether actions of the 1st Plaintiff affected partnership assets; because a triable issue exists the court refused to strike out the Defence and refused to make a declaration or appoint a receiver without trial; the summons was dismissed with costs to the Defendant.

Citation
HO LAI KO LEGO AND ANOTHER v. CHEUNG KIT WAH
Parties
1st Plaintiff: HO LAI KO LEGO; 2nd Plaintiff: LEE WAI KWAN AGNES; Defendant: CHEUNG KIT WAH
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 September 2006
Case Number
DCCJ1200/2006
Procedural Posture
Civil Action Partnership Dispute / Interlocutory Application to Strike Out Defence and for Declaration/receiver Appointment
Outcome
Summons dismissed; Defence not struck out; costs awarded to Defendant (to be taxed if not agreed); costs order nisi to become absolute in 14 days
Legal Topics
Dissolution of Partnership, Striking Out Defence (summary Disposal), Appointment of Receiver, Just and Equitable Dissolution
Source Language
EN
Partnership Law Civil Procedure Equity Dissolution of Partnership Striking Out Defence (summary Disposal) Appointment of Receiver Just and Equitable Dissolution

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Parties

HO LAI KO LEGO

1st Plaintiff

LEE WAI KWAN AGNES

2nd Plaintiff

CHEUNG KIT WAH

Defendant

Procedural Posture

Civil Action Partnership Dispute / Interlocutory Application to Strike Out Defence and for Declaration/receiver Appointment

Legal Issues

  1. 1 Whether the Defence discloses a reasonable defence under Order 18 r 19 District Court Rules
  2. 2 Whether the partnership was dissolved on 30 September 2005
  3. 3 Whether a declaration of dissolution and appointment of a receiver should be made without trial

Ratio Decidendi

The Defence raised a bona fide triable issue about whether there was a sale rather than a consensual termination and whether actions of the 1st Plaintiff affected partnership assets; because a triable issue exists the court refused to strike out the Defence and refused to make a declaration or appoint a receiver without trial; the summons was dismissed with costs to the Defendant.

Court Disposition

Summons dismissed; Defence not struck out; costs awarded to Defendant (to be taxed if not agreed); costs order nisi to become absolute in 14 days

Orders

  • Summons dismissed
  • Defence not struck out