LIN JAN v. LONG XIAOBO

LIN JAN v. LONG XIAOBO

Summary judgment was set aside because the plaintiff failed to verify the pleaded case as required; there were material and credible variances between the pleaded case and affidavits, and contemporary documents made the defendant's account believable such that there are triable issues of fact; accordingly the defendant is entitled to a trial.

Citation
LIN JAN v. LONG XIAOBO
Parties
Plaintiff: LIN JAN; Defendant: LONG XIAOBO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2013
Case Number
HCA1516/2012
Procedural Posture
Civil Contract and Enforcement of Oral Agreement (summary Judgment Application) / Appeal Against Master's Order Granting Summary Judgment (chambers Hearing Before CFI Judge)
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Summary Judgment, Oral Agreement, Variance Between Pleadings and Affidavits, Share Options/transfer of Shares, Past Consideration, Dispute of Facts Requiring Trial, Discovery and Witness Statements
Source Language
EN
Contract Civil Procedure Evidence Summary Judgment Oral Agreement Variance Between Pleadings and Affidavits Share Options/transfer of Shares Past Consideration +2 more

Case Brief

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Parties

LIN JAN

Plaintiff

LONG XIAOBO

Defendant

Procedural Posture

Civil Contract and Enforcement of Oral Agreement (summary Judgment Application) / Appeal Against Master's Order Granting Summary Judgment (chambers Hearing Before CFI Judge)

Legal Issues

  1. 1 Whether the plaintiff complied with Order 14 rule 2(1) RHC in verifying the pleaded claim by affidavit
  2. 2 Whether there is such a variance between the pleaded case and affidavit evidence that the defendant has a credible defence
  3. 3 Whether contemporaneous documents support the defendant and create triable issues of fact

Ratio Decidendi

Summary judgment was set aside because the plaintiff failed to verify the pleaded case as required; there were material and credible variances between the pleaded case and affidavits, and contemporary documents made the defendant's account believable such that there are triable issues of fact; accordingly the defendant is entitled to a trial.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • Judgment of the Master granting summary judgment set aside
  • Costs of the appeal (including costs below) to the defendant