LO SIK CHUNG v. LEE HING LUNG

LO SIK CHUNG v. LEE HING LUNG

The appeal is dismissed because the defendant failed to comply with procedural requirements to file and serve an opposition affidavit in time, failed to establish any credible or arguable defence to the cheque claims, and sought to adduce new evidence on appeal which is impermissible; accordingly the summary judgment and associated relief are upheld.

Citation
[2021] HKDC 226
Parties
Plaintiff: LO SIK CHUNG; Defendant: LEE HING LUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 March 2021
Case Number
DCCJ4110/2019
Procedural Posture
District Court Civil Appeal (dishonoured Cheques) / Appeal Hearing Against Summary Judgment
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment Under Order 14, Dishonoured Cheques and Recovery, Set Off/defence to Cheque Claim, Admissibility of New Evidence on Appeal, Extension of Time for Affidavit
Source Language
CH
Civil Procedure Negotiable Instruments (cheques) Enforcement Evidence Summary Judgment Under Order 14 Dishonoured Cheques and Recovery Set Off/defence to Cheque Claim Admissibility of New Evidence on Appeal +1 more

Case Brief

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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

LO SIK CHUNG

Plaintiff

LEE HING LUNG

Defendant

Procedural Posture

District Court Civil Appeal (dishonoured Cheques) / Appeal Hearing Against Summary Judgment

Legal Issues

  1. 1 Whether the appellant complied with procedural rules to file and serve an opposition affidavit in time
  2. 2 Whether the appellant established an arguable defence or other reason for a trial to set aside summary judgment under Order 14 r3(1)
  3. 3 Whether the alleged set-off by rent, repayment/duplicate cheque and other factual assertions constitute legally cognizable defences to a cheque claim

Ratio Decidendi

The appeal is dismissed because the defendant failed to comply with procedural requirements to file and serve an opposition affidavit in time, failed to establish any credible or arguable defence to the cheque claims, and sought to adduce new evidence on appeal which is impermissible; accordingly the summary judgment and associated relief are upheld.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Appeal dismissed
  • Appellant Lee Hing Lung to pay the respondent Lo Sik Chung the costs of the appeal (interim costs order), subject to any application to vary within 14 days