LAU, PING KEE v. BUT, TIN HING AND ANOTHER

LAU, PING KEE v. BUT, TIN HING AND ANOTHER

The court found the assignment to be champertous, dismissed the plaintiffs summons to amend the statement of claim, refused the relief sought on appeal grounds, and ordered the plaintiff to pay the defendants costs which were assessed at $260,000.

Source-derived case information.

Citation
[2019] HKCFI 175
Parties
Plaintiff: LAU, PING KEE; 1st Defendant: BUT, TIN HING; 2nd Defendant: TANG, SUNG SHAN DAVID
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 January 2019
Case Number
HCA508/2016
Procedural Posture
Civil Action / Judgment (reasons for Decision)
Outcome
Assignment held champertous; summons to amend dismissed; leave to appeal refused; costs awarded to defendants.
Legal Topics
Amendment of Statement of Claim, Leave to Appeal, Assessment of Costs, Assignment Champerty
Source Language
en
Civil Procedure Costs Champerty and Maintenance Appeal Amendment of Statement of Claim Leave to Appeal Assessment of Costs Assignment Champerty

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

LAU, PING KEE

Plaintiff

BUT, TIN HING

1st Defendant

TANG, SUNG SHAN DAVID

2nd Defendant

Procedural Posture

Civil Action / Judgment (reasons for Decision)

Legal Issues

  1. 1 Whether the assignment was champertous
  2. 2 Whether the plaintiff should be granted leave to appeal the masters decision
  3. 3 Whether the plaintiff should be permitted to amend the statement of claim

Ratio Decidendi

The court found the assignment to be champertous, dismissed the plaintiffs summons to amend the statement of claim, refused the relief sought on appeal grounds, and ordered the plaintiff to pay the defendants costs which were assessed at $260,000.

Court Disposition

Assignment held champertous; summons to amend dismissed; leave to appeal refused; costs awarded to defendants.

Orders

  • Assignment declared champertous and unenforceable
  • Plaintiff s summons for amendment of statement of claim dismissed