BANK OF CHINA (HONG KONG) LTD v. LEUNG WAI MAN AND ANOTHER

BANK OF CHINA (HONG KONG) LTD v. LEUNG WAI MAN AND ANOTHER

The court granted leave to rely on the late affirmations only on terms that an adjournment be granted to allow defendants to consider and respond, but refused summary judgment because the defendants' misrepresentation defence was not so implausible or unarguable as to justify summary disposal and the matter required a trial.

Citation
BANK OF CHINA (HONG KONG) LTD v. LEUNG WAI MAN AND ANOTHER
Parties
Plaintiff: Leung Wai Man; Defendant: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2006
Case Number
HCMP641/2006
Procedural Posture
Possession Proceeding / Originating Summons / First Hearing; Summary Judgment Application
Outcome
Plaintiff granted conditional leave to rely on late affirmations; summary judgment refused; matter directed towards trial with further directions to be heard.
Legal Topics
Summary Judgment, Possession, Misrepresentation, Admission of Late Evidence, Adjournment
Source Language
EN
Property Civil Procedure Equity Contract Summary Judgment Possession Misrepresentation Admission of Late Evidence +1 more

Case Brief

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Parties

Leung Wai Man

Plaintiff

Defendants

Defendant

Procedural Posture

Possession Proceeding / Originating Summons / First Hearing; Summary Judgment Application

Legal Issues

  1. 1 Whether leave should be granted to adduce further affidavit evidence out of time
  2. 2 Whether defendants were prejudiced by late affidavits and entitled to an adjournment
  3. 3 Whether summary judgment for possession should be granted despite a pleaded misrepresentation defence

Ratio Decidendi

The court granted leave to rely on the late affirmations only on terms that an adjournment be granted to allow defendants to consider and respond, but refused summary judgment because the defendants' misrepresentation defence was not so implausible or unarguable as to justify summary disposal and the matter required a trial.

Court Disposition

Plaintiff granted conditional leave to rely on late affirmations; summary judgment refused; matter directed towards trial with further directions to be heard.

Orders

  • Leave granted to plaintiff to rely on the two further affirmations but on terms that an adjournment be granted so defendants can consider whether to seek leave to file further affirmations in opposition
  • Application for summary judgment refused