LIN MING v. JOINTA LTD

LIN MING v. JOINTA LTD

Summary judgment refused because authenticity and authority of the board minutes and the accuracy and provenance of the unaudited accounts are disputed, the evidence does not clearly establish that the Company is indebted for US$6,562,500, and there are triable issues requiring trial and cross-examination; therefore the Company is given unconditional leave to defend and costs of the Order 14 summons are to be in the cause (order nisi).

Citation
LIN MING v. JOINTA LTD
Parties
Plaintiff: Lin Ming; Defendant: Jointa Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2012
Case Number
HCA866/2011
Procedural Posture
High Court Action HCA 866/2011 Civil Claim for Alleged Loan / Summary Judgment Application (chambers Decision)
Outcome
Summary judgment refused; unconditional leave to the defendant to defend granted; order nisi as to costs of the Order 14 summons
Legal Topics
Summary Judgment, Loan Dispute, Authority of Directors, Minutes of Board Meeting, Unaudited Management Accounts, Companies Registry Entries, Leave to Defend, Costs
Source Language
EN
Civil Procedure Contract Company Law Equity Fraud Summary Judgment Loan Dispute Authority of Directors +5 more

Case Brief

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Parties

Lin Ming

Plaintiff

Jointa Limited

Defendant

Procedural Posture

High Court Action HCA 866/2011 Civil Claim for Alleged Loan / Summary Judgment Application (chambers Decision)

Legal Issues

  1. 1 Whether the alleged loan of HK$62,248,190 (and US$6,562,500 part) was advanced by the plaintiff to the company
  2. 2 Whether the minutes dated 3 August 2009 are authentic and whether Mr Lin had authority as a director to pass the resolution
  3. 3 Whether the unaudited management accounts reliably evidence the debt and whether the US$6,562,500 is part of the HK$62,248,190

Ratio Decidendi

Summary judgment refused because authenticity and authority of the board minutes and the accuracy and provenance of the unaudited accounts are disputed, the evidence does not clearly establish that the Company is indebted for US$6,562,500, and there are triable issues requiring trial and cross-examination; therefore the Company is given unconditional leave to defend and costs of the Order 14 summons are to be in the cause (order nisi).

Court Disposition

Summary judgment refused; unconditional leave to the defendant to defend granted; order nisi as to costs of the Order 14 summons

Orders

  • Summary judgment application dismissed
  • Unconditional leave granted to Jointa Limited to defend the action