CHUN FOO KEUNG v. CHUN LAP KEUNG

CHUN FOO KEUNG v. CHUN LAP KEUNG

The appeal was dismissed because the plaintiff had not discharged the burden required for summary judgment and the defence disclosed clear triable issues as to the source of the monies and whether microscopes were purchased; further evidence filed after the Master's hearing was excluded for lack of special grounds and would not have changed the result.

Citation
CHUN FOO KEUNG v. CHUN LAP KEUNG
Parties
Plaintiff: CHUN Foo Keung; Defendant: CHUN Lap Keung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 August 2012
Case Number
DCCJ309/2012
Procedural Posture
Civil Claim for Repayment of Loan / Appeal From Master's Dismissal of Summary Judgment Application
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Repayment of Loan, Admission of Fresh Evidence on Appeal, Triable Issues, Self Representation
Source Language
EN
Civil Procedure Debt Recovery Evidence Summary Judgment Repayment of Loan Admission of Fresh Evidence on Appeal Triable Issues Self Representation

Case Brief

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Parties

CHUN Foo Keung

Plaintiff

CHUN Lap Keung

Defendant

Procedural Posture

Civil Claim for Repayment of Loan / Appeal From Master's Dismissal of Summary Judgment Application

Legal Issues

  1. 1 Whether summary judgment was appropriate
  2. 2 Whether plaintiff discharged the evidential burden for summary judgment
  3. 3 Admissibility of further evidence filed after the Master's hearing

Ratio Decidendi

The appeal was dismissed because the plaintiff had not discharged the burden required for summary judgment and the defence disclosed clear triable issues as to the source of the monies and whether microscopes were purchased; further evidence filed after the Master's hearing was excluded for lack of special grounds and would not have changed the result.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order nisi that there be no order as to costs; unless an application is made within 14 days to vary the costs order, it shall become absolute