MASSMUTUAL ASIA LTD v. LO PUI SUN

MASSMUTUAL ASIA LTD v. LO PUI SUN

The renewed application for leave to appeal out of time was dismissed because there were no arguable grounds of appeal: the District Judge had lawfully found termination and the contract expressly entitled the plaintiff to recover Special Allowance, therefore leave out of time was not justified.

Citation
MASSMUTUAL ASIA LTD v. LO PUI SUN
Parties
Plaintiff: MassMutual Asia Limited; Defendant Intended Appellant: Lo Pui Sun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2004
Case Number
HCMP1500/2004
Procedural Posture
Summary Judgment and Leave to Appeal Application / Renewed Application for Leave to Appeal Out of Time After Summary Judgment
Outcome
Renewed application for leave to appeal out of time dismissed.
Legal Topics
Summary Judgment, Leave to Appeal, Out of Time Application, Contractual Repayment Clause, Termination of Contract
Source Language
EN
Contract Civil Procedure Insurance Law Summary Judgment Leave to Appeal Out of Time Application Contractual Repayment Clause Termination of Contract

Case Brief

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Parties

MassMutual Asia Limited

Plaintiff

Lo Pui Sun

Defendant Intended Appellant

Procedural Posture

Summary Judgment and Leave to Appeal Application / Renewed Application for Leave to Appeal Out of Time After Summary Judgment

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether there is any arguable ground of appeal against the summary judgment
  3. 3 Whether the contractual clause allowing recovery of Special Allowance upon termination is enforceable

Ratio Decidendi

The renewed application for leave to appeal out of time was dismissed because there were no arguable grounds of appeal: the District Judge had lawfully found termination and the contract expressly entitled the plaintiff to recover Special Allowance, therefore leave out of time was not justified.

Court Disposition

Renewed application for leave to appeal out of time dismissed.

Orders

  • The renewed application of the Defendant for leave to appeal out of time is dismissed.