CHAN MING WING v. CHEUNG MAN KUN

CHAN MING WING v. CHEUNG MAN KUN

The Recorder set aside the Master's orders and granted the defendant leave to defend on the condition that the defendant pays the balance of the principal sum claimed (HK$1.9 million) into court within 28 days; costs in this Court and the Master's court were ordered to be costs in the cause with a certificate for Counsel.

Citation
CHAN MING WING v. CHEUNG MAN KUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 2017
Case Number
HCA1504/2015
Procedural Posture
Civil Debt Claim (summary) / Leave to Defend Application; Set Aside of Master's Orders
Outcome
Master's orders set aside; defendant granted leave to defend subject to payment into court; costs reserved to be costs in the cause with certificate for Counsel.
Legal Topics
Leave to Defend, Payment Into Court, Costs in the Cause, Setting Aside Orders
Source Language
EN
Civil Procedure Debt Recovery Leave to Defend Payment Into Court Costs in the Cause Setting Aside Orders

Case Brief

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Procedural Posture

Civil Debt Claim (summary) / Leave to Defend Application; Set Aside of Master's Orders

Legal Issues

  1. 1 Whether the Master's orders should be set aside
  2. 2 Whether the defendant should be granted leave to defend and on what conditions
  3. 3 Appropriate allocation of costs

Ratio Decidendi

The Recorder set aside the Master's orders and granted the defendant leave to defend on the condition that the defendant pays the balance of the principal sum claimed (HK$1.9 million) into court within 28 days; costs in this Court and the Master's court were ordered to be costs in the cause with a certificate for Counsel.

Court Disposition

Master's orders set aside; defendant granted leave to defend subject to payment into court; costs reserved to be costs in the cause with certificate for Counsel.

Orders

  • Master's orders set aside
  • Defendant granted leave to defend provided he pays HK$1,900,000 into court within 28 days