DAMIEN ROCHE v. PIERRE ALAIN NAGLANI

DAMIEN ROCHE v. PIERRE ALAIN NAGLANI

Defendant failed to file his own affidavit or present evidence creating a real triable issue; solicitor's affirmation was hearsay and given little weight; SMS messages and bank notifications corroborated plaintiff's claim; the counterclaim was misconceived because the proper claimant is the company; therefore...

Source-derived case information.

Citation
DAMIEN ROCHE v. PIERRE ALAIN NAGLANI
Parties
Plaintiff: Damien Roche; Defendant: Pierre Alain Naglani
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 February 2009
Case Number
DCCJ4164/2008
Procedural Posture
Civil Action Summary Judgment (order 14 Rules of the District Court) / Summary Judgment Hearing Judgment Delivered
Outcome
Judgment entered for plaintiff for HK$150,000 with interest at judgment rate from 28 August 2008; defendant's counterclaim dismissed for lack of standing; costs ordered against defendant (order nisi).
Legal Topics
Summary Judgment, Dishonoured Cheques, Loan, Share Sale, Consideration, Counterclaim Standing
Source Language
en
Contract Company Law Civil Procedure Banking Law (cheques) Summary Judgment Dishonoured Cheques Loan Share Sale +2 more

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Summary, issues, holding and outcome

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Parties

Damien Roche

Plaintiff

Pierre Alain Naglani

Defendant

Procedural Posture

Civil Action Summary Judgment (order 14 Rules of the District Court) / Summary Judgment Hearing Judgment Delivered

Legal Issues

  1. 1 Whether defendant owed plaintiff HK$50,000 loan
  2. 2 Whether defendant owed plaintiff HK$100,000 for purchase of 170 shares evidenced by four post-dated cheques
  3. 3 Whether the defendant's claim that cheques were a 'gesture of goodwill' or accommodation raised a triable issue to defeat summary judgment

Ratio Decidendi

Defendant failed to file his own affidavit or present evidence creating a real triable issue; solicitor's affirmation was hearsay and given little weight; SMS messages and bank notifications corroborated plaintiff's claim; the counterclaim was misconceived because the proper claimant is the company; therefore summary judgment entered for plaintiff for HK$150,000 with interest and costs.

Court Disposition

Judgment entered for plaintiff for HK$150,000 with interest at judgment rate from 28 August 2008; defendant's counterclaim dismissed for lack of standing; costs ordered against defendant (order nisi).

Orders

  • Defendant to pay plaintiff HK$150,000 within 14 days with interest at judgment rate from 28 August 2008 until satisfaction
  • Defendant to pay costs of the application to be taxed if not agreed