CHUNG KWOK FONG v. LUK NGAI LING IRENE

CHUNG KWOK FONG v. LUK NGAI LING IRENE

The oral term allegation raises a genuine factual dispute requiring trial so the defendant has an arguable defence on that issue; however the defendant's defence on the implied term of reasonable diligence lacked sufficient substance at the interlocutory stage to justify unconditional leave, thus the Master correctly granted leave to defend only on condition that HK$406,400 be paid into court; the appeal is dismissed and the conditional order upheld.

Citation
CHUNG KWOK FONG v. LUK NGAI LING IRENE
Parties
Plaintiff (respondent): Chung Kwok Fong; Defendant (appellant): Luk Ngai Ling Irene
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 2001
Case Number
HCA6020/2000
Procedural Posture
Civil Contract / Property / Appeal From Master Yuen's Order on Leave to Defend (o.14 Application)
Outcome
Appeal dismissed; order of Master Yuen (conditional leave to defend on payment into court) upheld
Legal Topics
Leave to Defend, Parol Evidence Rule, Implied Terms, Rescission, Deposit Recovery, Order 14 Summary Disposal
Source Language
EN
Contract Property Civil Procedure Equity Leave to Defend Parol Evidence Rule Implied Terms Rescission +2 more

Case Brief

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Parties

Chung Kwok Fong

Plaintiff (respondent)

Luk Ngai Ling Irene

Defendant (appellant)

Procedural Posture

Civil Contract / Property / Appeal From Master Yuen's Order on Leave to Defend (o.14 Application)

Legal Issues

  1. 1 Whether an oral term was made that the property would be completed by 31 December 1996 and deposit refundable with bank interest
  2. 2 Whether an implied term of reasonable diligence and reasonable time to complete existed and was breached by the Defendant

Ratio Decidendi

The oral term allegation raises a genuine factual dispute requiring trial so the defendant has an arguable defence on that issue; however the defendant's defence on the implied term of reasonable diligence lacked sufficient substance at the interlocutory stage to justify unconditional leave, thus the Master correctly granted leave to defend only on condition that HK$406,400 be paid into court; the appeal is dismissed and the conditional order upheld.

Court Disposition

Appeal dismissed; order of Master Yuen (conditional leave to defend on payment into court) upheld

Orders

  • Dismiss the appeal
  • Uphold Master Yuen's order granting the Defendant leave to defend on condition that HK$406,400 be paid into Court