KO HONG AND ANOTHER v. CHOW HUNG WAI AND ANOTHER

KO HONG AND ANOTHER v. CHOW HUNG WAI AND ANOTHER

The summons for leave to file further affidavit was dismissed for lack of sufficiently compelling reasons and undue lateness; defendants had not reasonably pursued instructions nor shown what rebuttal evidence would be available; however, the defendants did demonstrate arguable triable issues (notably the identity of the proprietor operating Man Hung Store and whether the defendants were the contracting party), so unconditional leave to defend the Order 14 claim was granted with directions for amendment, discovery, witness statements, pre-trial review and costs directions.

Citation
KO HONG AND ANOTHER v. CHOW HUNG WAI AND ANOTHER
Parties
Plaintiff: Ko Hong; Plaintiff: Ko Chi Ching trading as Wing Yick Chau Hong; Defendant: Chow Hung Wai; Defendant: Chow Hung Choi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 December 2007
Case Number
DCCJ3410/2007
Procedural Posture
Contract Debt Claim With Order 14 Summary Judgment Application / Interlocutory: Summary Judgment Hearing and Application for Leave to File Further Affidavit
Outcome
Summons for leave to file further affidavit dismissed; defendants granted unconditional leave to defend the Order 14 summary judgment claim; case management directions issued
Legal Topics
Summary Judgment, Order 14, Leave to File Further Affidavit, Amendment of Defence, Discovery, Costs, Evasion of Liability by Deception (s18 B)
Source Language
EN
Contract Civil Procedure Evidence Commercial Law Summary Judgment Order 14 Leave to File Further Affidavit Amendment of Defence +3 more

Case Brief

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Parties

Ko Hong

Plaintiff

Ko Chi Ching trading as Wing Yick Chau Hong

Plaintiff

Chow Hung Wai

Defendant

Chow Hung Choi

Defendant

Procedural Posture

Contract Debt Claim With Order 14 Summary Judgment Application / Interlocutory: Summary Judgment Hearing and Application for Leave to File Further Affidavit

Legal Issues

  1. 1 Whether the Defendants should be granted leave to file further affidavit in reply at a late stage
  2. 2 Whether the Defendants demonstrated a credible triable issue or arguable defence to the Order 14 claim
  3. 3 Whether the correct party (Defendants) was sued or the debt was owed by a different proprietor of Man Hung Store

Ratio Decidendi

The summons for leave to file further affidavit was dismissed for lack of sufficiently compelling reasons and undue lateness; defendants had not reasonably pursued instructions nor shown what rebuttal evidence would be available; however, the defendants did demonstrate arguable triable issues (notably the identity of the proprietor operating Man Hung Store and whether the defendants were the contracting party), so unconditional leave to defend the Order 14 claim was granted with directions for amendment, discovery, witness statements, pre-trial review and costs directions.

Court Disposition

Summons for leave to file further affidavit dismissed; defendants granted unconditional leave to defend the Order 14 summary judgment claim; case management directions issued

Orders

  • Summons (application for leave to file further affidavit and adjourn hearing) dismissed
  • Defendants to pay Plaintiff's costs of the Summons to be taxed if not agreed with certificate for counsel