FUNG YEE WAN v. LUI FU SING

FUNG YEE WAN v. LUI FU SING

Leave to appeal was granted because it was reasonably arguable that the judge had impermissibly conducted a mini-trial on affidavits and that the defendant had a reasonably arguable defence; the court treated additional evidence as of doubtful admissibility and did not rely on it for granting leave.

Citation
FUNG YEE WAN v. LUI FU SING
Parties
Plaintiff: Fung Yee Wan; Defendant (applicant): Lui Fu Sing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2006
Case Number
HCMP2805/2005
Procedural Posture
Civil Appeal / Leave to Appeal From Summary Judgment (hcmp 2805/2005) / Application for Leave to Appeal in Chambers
Outcome
Leave to appeal granted
Legal Topics
Summary Judgment, Leave to Appeal, Failure of Consideration, Share Transfer, Admission of Fresh Evidence on Appeal, Credible Defence Test, Mini Trial on Affidavits
Source Language
EN
Civil Procedure Contract Company Law Equity Summary Judgment Leave to Appeal Failure of Consideration Share Transfer +3 more

Case Brief

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Parties

Fung Yee Wan

Plaintiff

Lui Fu Sing

Defendant (applicant)

Procedural Posture

Civil Appeal / Leave to Appeal From Summary Judgment (hcmp 2805/2005) / Application for Leave to Appeal in Chambers

Legal Issues

  1. 1 Whether the judge impermissibly embarked on a mini-trial on affidavits
  2. 2 Whether the defendant's defence was inherently incredible
  3. 3 Whether absence of documentary proof justified summary judgment

Ratio Decidendi

Leave to appeal was granted because it was reasonably arguable that the judge had impermissibly conducted a mini-trial on affidavits and that the defendant had a reasonably arguable defence; the court treated additional evidence as of doubtful admissibility and did not rely on it for granting leave.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Additional evidence not admitted for the purposes of this application