HAROLD R. ROBINSON v. WILLIAM CHAN

HAROLD R. ROBINSON v. WILLIAM CHAN

Registrar's summary judgment was set aside because the defendant raised a plausible triable issue (that the sum was capital for a joint venture and that illegality may be involved) and the plaintiff's contemporaneous letter calling the sum a 'loan' did not conclusively dispose of the matter; the defendant's...

Source-derived case information.

Citation
HAROLD R. ROBINSON v. WILLIAM CHAN
Parties
Plaintiff: Harold R. Robinson; Defendant: William Chan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 November 1972
Case Number
HCA1989/1972
Procedural Posture
Civil Action Summary Judgment Appeal / Rehearing on Appeal From Registrar's Order
Outcome
Registrar's order for summary judgment set aside; unconditional leave to defend granted.
Legal Topics
Summary Judgment, Leave to Defend, Joint Venture Vs Loan, Admissibility of Affidavit Evidence, Effect of Illegality on Contractual Remedies
Source Language
en
Civil Procedure Contract Law Equity Illegality/public Policy Summary Judgment Leave to Defend Joint Venture Vs Loan Admissibility of Affidavit Evidence +1 more

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Parties

Harold R. Robinson

Plaintiff

William Chan

Defendant

Procedural Posture

Civil Action Summary Judgment Appeal / Rehearing on Appeal From Registrar's Order

Legal Issues

  1. 1 Whether summary judgment under O.14 r.1 was properly entered
  2. 2 Whether the transaction was a loan or capital for a joint venture
  3. 3 Whether affidavits alleging illegality should be admitted on rehearing

Ratio Decidendi

Registrar's summary judgment was set aside because the defendant raised a plausible triable issue (that the sum was capital for a joint venture and that illegality may be involved) and the plaintiff's contemporaneous letter calling the sum a 'loan' did not conclusively dispose of the matter; the defendant's affidavits were admissible on rehearing and unconditional leave to defend was therefore required.

Court Disposition

Registrar's order for summary judgment set aside; unconditional leave to defend granted.

Orders

  • Order of the Registrar entering summary judgment for the Plaintiff is set aside.
  • Unconditional leave to defend is granted to the Defendant.