LAW FOOK KWAN v. LO LAI MING AND ANOTHER

LAW FOOK KWAN v. LO LAI MING AND ANOTHER

Unconditional leave to the 2nd Defendant to defend was granted and summary judgment refused because the asserted defences of misrepresentation and mistake were not wholly unbelievable on the material before the court, required investigation of state of mind and contemporaneous documents, and therefore raised triable...

Source-derived case information.

Citation
LAW FOOK KWAN v. LO LAI MING AND ANOTHER
Parties
Plaintiff: Law Fook Kwan; 1st Defendant: Lo Lai Ming; 2nd Defendant: Lo Fai (also known as Law Fai)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2006
Case Number
HCA1320/2005
Procedural Posture
Civil Claim for Debt Based on a Deed of Family Arrangement; Summary Judgment Application / Summary Judgment (order 14) Application; Leave to Defend Application
Outcome
Summary judgment refused; unconditional leave granted to the 2nd Defendant to defend the proceedings.
Legal Topics
Summary Judgment, Misrepresentation, Mistake, Deed of Family Arrangement, Service Out of Jurisdiction
Source Language
en
Civil Procedure Contract Equity Summary Judgment Misrepresentation Mistake Deed of Family Arrangement Service Out of Jurisdiction

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Parties

Law Fook Kwan

Plaintiff

Lo Lai Ming

1st Defendant

Lo Fai (also known as Law Fai)

2nd Defendant

Procedural Posture

Civil Claim for Debt Based on a Deed of Family Arrangement; Summary Judgment Application / Summary Judgment (order 14) Application; Leave to Defend Application

Legal Issues

  1. 1 Whether summary judgment should be granted against the 2nd Defendant
  2. 2 Whether alleged misrepresentation and/or mistake render the Settlement Deed voidable and raise triable issues
  3. 3 Whether the 2nd Defendant should be granted leave to defend

Ratio Decidendi

Unconditional leave to the 2nd Defendant to defend was granted and summary judgment refused because the asserted defences of misrepresentation and mistake were not wholly unbelievable on the material before the court, required investigation of state of mind and contemporaneous documents, and therefore raised triable issues inappropriate for summary disposal.

Court Disposition

Summary judgment refused; unconditional leave granted to the 2nd Defendant to defend the proceedings.

Orders

  • Costs of the application to be in the cause with counsel certificate for hearing on 31 March 2006 (order nisi)
  • 2nd Defendant to file and serve his Defence and Counterclaim, if any, within 14 days from the date of the judgment