FU’S COACH LTD v. GOLDEN CHAMPION TRAVEL CO LTD t/a GOLDEN CHAMPION BUS INVESTMENT CO

FU’S COACH LTD v. GOLDEN CHAMPION TRAVEL CO LTD t/a GOLDEN CHAMPION BUS INVESTMENT CO

The 1st Defendant's assertion that a binding settlement agreement was concluded in December 2019 is not believable on the evidence (absence of contemporaneous documentation, failure to rely on the alleged agreement in replies to solicitors, inconsistencies in pleaded terms); therefore no triable issue was shown and summary judgment for the unpaid balance of HK$2,760,000 was properly granted, with pre-judgment interest to run from 1 September 2020.

Citation
[2021] HKCFI 533
Parties
Plaintiff: FU’S COACH LIMITED; 1st Defendant: GOLDEN CHAMPION TRAVEL COMPANY LIMITED (金恩旅遊有限公司), trading as GOLDEN CHAMPION BUS INVESTMENT CO. (金恩巴士車行); 2nd Defendant (discontinued): CHUNG SHING TOURIST BUS COMPANY LIMITED (忠誠旅運巴士有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2021
Case Number
HCA608/2020
Procedural Posture
Contract (sale of Goods) / Appeal Against Summary Judgment (hearing De Novo)
Outcome
Appeal dismissed except for minor variation of interest start date; Master’s summary judgment affirmed
Legal Topics
Summary Judgment, Settlement Agreement, Rescission, Forfeiture of Deposit, Estoppel by Representation, Repudiation, Interest on Judgment
Source Language
EN
Contract Civil Procedure Property Law Equitable Remedies Summary Judgment Settlement Agreement Rescission Forfeiture of Deposit +3 more

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Parties

FU’S COACH LIMITED

Plaintiff

GOLDEN CHAMPION TRAVEL COMPANY LIMITED (金恩旅遊有限公司), trading as GOLDEN CHAMPION BUS INVESTMENT CO. (金恩巴士車行)

1st Defendant

CHUNG SHING TOURIST BUS COMPANY LIMITED (忠誠旅運巴士有限公司)

2nd Defendant (discontinued)

Procedural Posture

Contract (sale of Goods) / Appeal Against Summary Judgment (hearing De Novo)

Legal Issues

  1. 1 Whether a binding settlement agreement was concluded between the parties in December 2019
  2. 2 Whether the 1st Defendant raised a triable issue to resist summary judgment
  3. 3 Whether the Plaintiff was entitled to the unpaid balance of the purchase price of HK$2,760,000

Ratio Decidendi

The 1st Defendant's assertion that a binding settlement agreement was concluded in December 2019 is not believable on the evidence (absence of contemporaneous documentation, failure to rely on the alleged agreement in replies to solicitors, inconsistencies in pleaded terms); therefore no triable issue was shown and summary judgment for the unpaid balance of HK$2,760,000 was properly granted, with pre-judgment interest to run from 1 September 2020.

Court Disposition

Appeal dismissed except for minor variation of interest start date; Master’s summary judgment affirmed

Orders

  • Master Sara Tong’s summary judgment affirmed
  • 1st Defendant to pay Plaintiff HK$2,760,000