CHIU SIU LAN v. BONDFIELD DEVELOPMENT LTD

CHIU SIU LAN v. BONDFIELD DEVELOPMENT LTD

Summary judgment was refused because triable issues existed on implied terms and on the identification/existence of the subject matter; defendant was granted unconditional leave to defend and the costs nisi previously ordered in favour of the defendant remains, with costs of the hearing to be paid by the plaintiff.

Citation
CHIU SIU LAN v. BONDFIELD DEVELOPMENT LTD
Parties
Plaintiff: CHIU SIU LAN; Defendant: BONDFIELD DEVELOPMENT LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 August 2007
Case Number
DCCJ784/2007
Procedural Posture
Civil Action — Order 14 Summary Judgment Application / Costs Hearing Following Dismissal of Summary Judgment Application
Outcome
Plaintiff's Order 14 (summary judgment) application dismissed; defendant granted unconditional leave to defend; costs ordered to defendant (including today's hearing) in any event, to be taxed if not agreed.
Legal Topics
Summary Judgment (order 14), Implied Terms (reasonable Time), Existence/identification of Subject Matter, Leave to Defend, Costs Nisi, Discovery, Expert Evidence (survey)
Source Language
EN
Civil Procedure Contract Property Costs Summary Judgment (order 14) Implied Terms (reasonable Time) Existence/identification of Subject Matter Leave to Defend +3 more

Case Brief

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Parties

CHIU SIU LAN

Plaintiff

BONDFIELD DEVELOPMENT LIMITED

Defendant

Procedural Posture

Civil Action — Order 14 Summary Judgment Application / Costs Hearing Following Dismissal of Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment under Order 14 was appropriate
  2. 2 Whether the contract contained an implied term of reasonable time and whether there was a breach
  3. 3 Whether the subject matter (lot No. 1069) existed or was identified

Ratio Decidendi

Summary judgment was refused because triable issues existed on implied terms and on the identification/existence of the subject matter; defendant was granted unconditional leave to defend and the costs nisi previously ordered in favour of the defendant remains, with costs of the hearing to be paid by the plaintiff.

Court Disposition

Plaintiff's Order 14 (summary judgment) application dismissed; defendant granted unconditional leave to defend; costs ordered to defendant (including today's hearing) in any event, to be taxed if not agreed.

Orders

  • Dismissal of plaintiff's Order 14 summary judgment application
  • Defendant granted unconditional leave to defend