LUCY MICHAELS v. CITYBASE PROPERTY MANAGEMENT LTD AND ANOTHER

LUCY MICHAELS v. CITYBASE PROPERTY MANAGEMENT LTD AND ANOTHER

Summary judgment was properly refused because the defendants raised genuine and serious factual disputes that require a trial; however, the striking out of the claim for failure to file an amended statement of claim was set aside and the plaintiff given leave to continue, the proceedings were transferred to the District Court under s.43(1) Cap 336, and the 2nd defendant was substituted with the correct corporate entity; the plaintiff's appeal against refusal of summary judgment failed.

Citation
LUCY MICHAELS v. CITYBASE PROPERTY MANAGEMENT LTD AND ANOTHER
Parties
Plaintiff: Lucy Michaels; 1st Defendant: Citybase Property Management Limited; 2nd Defendant: Horizon Hotels and Suites Ltd trading as Vianni Cove Management Services
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 September 2017
Case Number
HCPI899/2016
Procedural Posture
Personal Injuries Action / Appeal From Master Decision on Interlocutory Applications (summary Judgment and Strike Out)
Outcome
Appeal dismissed in respect of summary judgment; striking out order set aside; claim reinstated and proceedings transferred to District Court; 2nd defendant substituted; order nisi as to costs.
Legal Topics
Summary Judgment, Strike Out (order 18 R.19), Litigant in Person, Amendment of Statement of Claim, Transfer to District Court (s.43(1) Cap 336), Substitution of Party, Assessment of Likely Quantum
Source Language
EN
Civil Procedure Personal Injury Law Summary Judgment Strike Out (order 18 R.19) Litigant in Person Amendment of Statement of Claim Transfer to District Court (s.43(1) Cap 336) Substitution of Party +1 more

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Parties

Lucy Michaels

Plaintiff

Citybase Property Management Limited

1st Defendant

Horizon Hotels and Suites Ltd trading as Vianni Cove Management Services

2nd Defendant

Procedural Posture

Personal Injuries Action / Appeal From Master Decision on Interlocutory Applications (summary Judgment and Strike Out)

Legal Issues

  1. 1 Whether summary judgment was appropriate despite disputed facts
  2. 2 Whether the statement of claim should be struck out for failure to amend
  3. 3 Whether an extension of time to file an amended statement of claim should be granted

Ratio Decidendi

Summary judgment was properly refused because the defendants raised genuine and serious factual disputes that require a trial; however, the striking out of the claim for failure to file an amended statement of claim was set aside and the plaintiff given leave to continue, the proceedings were transferred to the District Court under s.43(1) Cap 336, and the 2nd defendant was substituted with the correct corporate entity; the plaintiff's appeal against refusal of summary judgment failed.

Court Disposition

Appeal dismissed in respect of summary judgment; striking out order set aside; claim reinstated and proceedings transferred to District Court; 2nd defendant substituted; order nisi as to costs.

Orders

  • Set aside the master’s striking out order and allow the claim to continue
  • Transfer the proceedings to the District Court pursuant to section 43(1) of the District Court Ordinance Cap 336