AU HON MAN v. KINGSTON FINANCE LTD.

AU HON MAN v. KINGSTON FINANCE LTD.

The appeal against the master's grant of unconditional leave to defend was allowed; there was no defence to the plaintiff's claim as to the moneys standing to his credit in his KFL account, so judgment was entered for the plaintiff against KFL, but because KFL/KSL may have an arguable set-off or counterclaim the court stayed execution pending trial of any counterclaim and ordered costs of the plaintiff's summary judgment application to be costs in the cause. The court refused to strike out the KFL/KSL action and upheld consolidation and granted leave to serve notice of appeal out of time.

Citation
AU HON MAN v. KINGSTON FINANCE LTD.
Parties
1st Plaintiff (hca 10407/1998): Kingston Securities Limited; 2nd Plaintiff (hca 10407/1998) and Defendant (hca 17120/1998): Kingston Finance Limited; Defendant (hca 10407/1998): David Au Hon Man; Plaintiff (hca 17120/1998): Au Hon Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 1999
Case Number
HCA17120/1998
Procedural Posture
Civil Appeal From Interlocutory/chambers Decision / Judgment on Appeal (decision Delivered in Chambers)
Outcome
Appeal allowed in part; judgment for plaintiff against KFL on account balance; execution stayed pending trial of counterclaim; other interlocutory applications disposed as below.
Legal Topics
Leave to Defend, Summary Judgment Application, Set Off Defence, Stay of Execution Pending Counterclaim, Strike Out, Service of Appeal Out of Time
Source Language
EN
Contract Civil Procedure Set Off Summary Judgment Costs Consolidation Leave to Defend Summary Judgment Application +4 more

Case Brief

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Parties

Kingston Securities Limited

1st Plaintiff (hca 10407/1998)

Kingston Finance Limited

2nd Plaintiff (hca 10407/1998) and Defendant (hca 17120/1998)

David Au Hon Man

Defendant (hca 10407/1998)

Au Hon Man

Plaintiff (hca 17120/1998)

Procedural Posture

Civil Appeal From Interlocutory/chambers Decision / Judgment on Appeal (decision Delivered in Chambers)

Legal Issues

  1. 1 Whether the master erred in granting unconditional leave to defend
  2. 2 Whether Kingston Finance Limited is entitled to set-off losses against plaintiff's claim
  3. 3 Whether there is any defence to the claim as to moneys standing to the plaintiff's credit in his KFL account

Ratio Decidendi

The appeal against the master's grant of unconditional leave to defend was allowed; there was no defence to the plaintiff's claim as to the moneys standing to his credit in his KFL account, so judgment was entered for the plaintiff against KFL, but because KFL/KSL may have an arguable set-off or counterclaim the court stayed execution pending trial of any counterclaim and ordered costs of the plaintiff's summary judgment application to be costs in the cause. The court refused to strike out the KFL/KSL action and upheld consolidation and granted leave to serve notice of appeal out of time.

Court Disposition

Appeal allowed in part; judgment for plaintiff against KFL on account balance; execution stayed pending trial of counterclaim; other interlocutory applications disposed as below.

Orders

  • Judgment for the plaintiff in his favour against Kingston Finance Limited in respect of the moneys standing to his credit in his KFL account
  • Execution of the judgment stayed pending the trial of any counterclaim KSL or KFL may have against the plaintiff