MANCIPLE LIMITED v. CHAR ON MAN

MANCIPLE LIMITED v. CHAR ON MAN

The judge found the defendant's account that he instructed Mr Note to sell the shares was not inherently incredible and, absent direct contradiction, created triable issues as to Sanyo's liability and the extent of the defendant's indebtedness; the disputed effect of Japanese law also raised factual issues requiring trial; summary judgment was therefore inappropriate and the defendant was granted unconditional leave to defend.

Citation
MANCIPLE LIMITED v. CHAR ON MAN
Parties
Plaintiff: Manciple Limited; Defendant: Char On Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 1995
Case Number
HCA7498/1993
Procedural Posture
Civil Appeal Against Summary Judgment in Debt/contract Proceedings / Appeal From Master Jennings' Grant of Summary Judgment; Hearing in Chambers Before High Court Judge (j.k. Findlay)
Outcome
Appeal allowed; summary judgment set aside; defendant granted unconditional leave to defend; order nisi for costs in favour of defendant
Legal Topics
Summary Judgment, Assignment of Debt, Margin Call, Agency/authority of Broker, Illegality/void Transactions, Foreign Law as Fact, Triable Issue, Leave to Defend
Source Language
EN
Contract Civil Procedure Securities Law Conflict of Laws Agency Summary Judgment Assignment of Debt Margin Call +5 more

Case Brief

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Parties

Manciple Limited

Plaintiff

Char On Man

Defendant

Procedural Posture

Civil Appeal Against Summary Judgment in Debt/contract Proceedings / Appeal From Master Jennings' Grant of Summary Judgment; Hearing in Chambers Before High Court Judge (j.k. Findlay)

Legal Issues

  1. 1 Whether the defendant raised a real or bona fide defence so as to defeat summary judgment
  2. 2 Whether the defendant instructed a named broker (Mr Note) and whether Sanyo remained responsible for that broker's acts or omissions
  3. 3 Whether alleged illegality under Japanese law (prohibition on non-Japanese ownership of NTT shares) renders the transactions void or unenforceable

Ratio Decidendi

The judge found the defendant's account that he instructed Mr Note to sell the shares was not inherently incredible and, absent direct contradiction, created triable issues as to Sanyo's liability and the extent of the defendant's indebtedness; the disputed effect of Japanese law also raised factual issues requiring trial; summary judgment was therefore inappropriate and the defendant was granted unconditional leave to defend.

Court Disposition

Appeal allowed; summary judgment set aside; defendant granted unconditional leave to defend; order nisi for costs in favour of defendant

Orders

  • Appeal allowed
  • Master Jennings' summary judgment set aside