LEUNG TING v. LAW WING SHUM

LEUNG TING v. LAW WING SHUM

The appeal was allowed because the defendant's pleadings and affirmation raised a fair probability of a defence that the plaintiff cannot recover more than the admitted $20,000 loan; therefore summary judgment for the full $39,000 was inappropriate and the defendant was granted unconditional leave to defend the balance.

Citation
LEUNG TING v. LAW WING SHUM
Parties
Plaintiff: Leung Ting; Defendant/appellant: Law Wing Shum
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 1982
Case Number
HCA6943/1981
Procedural Posture
Civil Debt / Dishonoured Cheques / Appeal From Master's Order (summary Judgment Application)
Outcome
Appeal allowed in part; Master's Order set aside to the extent of $19,000; defendant granted unconditional leave to defend the balance; plaintiff may enter judgment for $20,000 with costs reserved to the trial judge; costs awarded to defendant for the appeal and before the Master.
Legal Topics
Summary Judgment, Leave to Defend, Failure of Consideration, Dishonoured Cheques, Costs
Source Language
EN
Civil Procedure Debt Negotiable Instruments Summary Judgment Leave to Defend Failure of Consideration Dishonoured Cheques Costs

Case Brief

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Parties

Leung Ting

Plaintiff

Law Wing Shum

Defendant/appellant

Procedural Posture

Civil Debt / Dishonoured Cheques / Appeal From Master's Order (summary Judgment Application)

Legal Issues

  1. 1 Whether summary judgment should be entered for the plaintiff for $39,000
  2. 2 Whether the defendant should be granted leave to defend the portion of the claim exceeding an admitted $20,000 loan
  3. 3 Whether the defendant's pleaded facts disclose a real prospect of defence (failure of consideration)

Ratio Decidendi

The appeal was allowed because the defendant's pleadings and affirmation raised a fair probability of a defence that the plaintiff cannot recover more than the admitted $20,000 loan; therefore summary judgment for the full $39,000 was inappropriate and the defendant was granted unconditional leave to defend the balance.

Court Disposition

Appeal allowed in part; Master's Order set aside to the extent of $19,000; defendant granted unconditional leave to defend the balance; plaintiff may enter judgment for $20,000 with costs reserved to the trial judge; costs awarded to defendant for the appeal and before the Master.

Orders

  • Appeal allowed
  • Set aside Master's Order and consequent judgment to the extent of $19,000