LEE SAU YEE SHIRLEY v. RYBINSKI MARIUSZ

LEE SAU YEE SHIRLEY v. RYBINSKI MARIUSZ

Defendant established a bona fide triable defence supported by contemporaneous documentary evidence (draft and written venture agreements and transfer records) such that summary judgment and interim payment were not justified; defendant's late affidavit was unnecessary and not permitted absent exceptional...

Source-derived case information.

Citation
[2021] HKDC 296
Parties
Plaintiff: Lee Sau Yee Shirley; Defendant: Rybinski Mariusz
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 March 2021
Case Number
DCCJ4909/2019
Procedural Posture
Civil Claim for Debt With Application for Summary Judgment and Interim Payment / Interlocutory Hearing and Decision on Summary Judgment, Leave to Defend and Interim Payment
Outcome
Defendant's summons dismissed; unconditional leave to defend granted to defendant; plaintiff's interim payment application dismissed; costs in the cause
Legal Topics
Summary Judgment, Interim Payment, Leave to Defend, Affidavit Evidence, Money Had and Received, Oral Agreement Vs Written Investment Agreement, Costs
Source Language
en
Contract Civil Procedure Restitution Evidence Summary Judgment Interim Payment Leave to Defend Affidavit Evidence +3 more

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lee Sau Yee Shirley

Plaintiff

Rybinski Mariusz

Defendant

Procedural Posture

Civil Claim for Debt With Application for Summary Judgment and Interim Payment / Interlocutory Hearing and Decision on Summary Judgment, Leave to Defend and Interim Payment

Legal Issues

  1. 1 Whether defendant may adduce late affidavit (defendant's 3rd Affidavit)
  2. 2 Whether summary judgment should be entered for the plaintiff for USD350,000
  3. 3 Whether leave to defend should be granted and if so conditional or unconditional

Ratio Decidendi

Defendant established a bona fide triable defence supported by contemporaneous documentary evidence (draft and written venture agreements and transfer records) such that summary judgment and interim payment were not justified; defendant's late affidavit was unnecessary and not permitted absent exceptional circumstances; therefore unconditional leave to defend was granted and interlocutory applications dismissed.

Court Disposition

Defendant's summons dismissed; unconditional leave to defend granted to defendant; plaintiff's interim payment application dismissed; costs in the cause

Orders

  • The defendant's Summons be dismissed.
  • Unconditional leave to defend be granted to the defendant.