LAM PING WAN AND ANOTHER v. IP LAM ON

LAM PING WAN AND ANOTHER v. IP LAM ON

There were genuine disputes of fact that could not be resolved on affidavit evidence alone; accordingly summary judgment was set aside and the Defendant was granted unconditional leave to defend so that issues can be determined at trial with discovery and cross‑examination.

Citation
LAM PING WAN AND ANOTHER v. IP LAM ON
Parties
1st Plaintiff: LAM PING WAN; 2nd Plaintiff: SUN GROWTH SECURITIES LIMITED; Defendant: IP LAM ON
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 1999
Case Number
HCA12791/1999
Procedural Posture
Civil Appeal Against Summary Judgment / Hearing on 29 December 1999; Leave to Defend Granted
Outcome
Appeal allowed; Defendant granted unconditional leave to defend; summary judgment set aside
Legal Topics
Summary Judgment, Leave to Defend, Oral Share Sale Agreement, Breach of Contract, Delivery of Shares, Costs
Source Language
EN
Contract Civil Procedure Securities Law Equity Summary Judgment Leave to Defend Oral Share Sale Agreement Breach of Contract +2 more

Case Brief

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Parties

LAM PING WAN

1st Plaintiff

SUN GROWTH SECURITIES LIMITED

2nd Plaintiff

IP LAM ON

Defendant

Procedural Posture

Civil Appeal Against Summary Judgment / Hearing on 29 December 1999; Leave to Defend Granted

Legal Issues

  1. 1 Existence and terms of the alleged oral agreement for sale of 30,000,000 shares
  2. 2 Whether summary judgment was appropriate given disputed facts and documentary inconsistencies
  3. 3 Whether the Defendant should be granted unconditional leave to defend

Ratio Decidendi

There were genuine disputes of fact that could not be resolved on affidavit evidence alone; accordingly summary judgment was set aside and the Defendant was granted unconditional leave to defend so that issues can be determined at trial with discovery and cross‑examination.

Court Disposition

Appeal allowed; Defendant granted unconditional leave to defend; summary judgment set aside

Orders

  • Costs before the Master to be costs in the cause with certificate for counsel
  • Costs of the appeal to be costs to the Defendant