WONG SAU KAM AND ANOTHER v. SHUM YUK FONG AND OTHERS

WONG SAU KAM AND ANOTHER v. SHUM YUK FONG AND OTHERS

Summary judgment refused because the 1st defendant's knowledge of the dangerous state of the unauthorized canopy was in dispute and knowledge is a fact-intensive issue inappropriate for interlocutory inference; unconditional leave to defend granted. Interim payment application dismissed because the court was not satisfied the plaintiffs would obtain judgment against the 1st defendant and there are conflicting authorities on making interim payments where leave to defend is granted.

Citation
WONG SAU KAM AND ANOTHER v. SHUM YUK FONG AND OTHERS
Parties
Plaintiffs: WONG SAU KAM and YEUNG KONG, Administrators of the estate of YEUNG KI YEE, deceased; 1st Defendant: SHUM YUK FONG; 2nd Defendant: WONG NGOK KWAN, sole proprietor of HO KING RESTAURANT; 3rd Defendant: KAM HUNT LIMITED; 4th Defendant: SANSAN DEVELOPMENT LIMITED; 5th Defendant: WONG MUK WAI; 6th Defendant: ALEX LAM KWOK KEUNG; 7th Defendant: THE SECRETARY FOR JUSTICE (for the Building Authority)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2000
Case Number
HCPI798/1998
Procedural Posture
Personal Injuries / Applications for Summary Judgment Under Order 14 and Interim Payment Under Order 29
Outcome
Unconditional leave granted to 1st defendant to defend; interim payment application dismissed; costs to be heard
Legal Topics
Negligence, Nuisance, Landlord Liability, Summary Judgment, Interim Payment, Knowledge/notice, Latent Defect
Source Language
EN
Tort Property Law Civil Procedure Negligence Nuisance Landlord Liability Summary Judgment Interim Payment +2 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 5 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

WONG SAU KAM and YEUNG KONG, Administrators of the estate of YEUNG KI YEE, deceased

Plaintiffs

SHUM YUK FONG

1st Defendant

WONG NGOK KWAN, sole proprietor of HO KING RESTAURANT

2nd Defendant

KAM HUNT LIMITED

3rd Defendant

SANSAN DEVELOPMENT LIMITED

4th Defendant

WONG MUK WAI

5th Defendant

ALEX LAM KWOK KEUNG

6th Defendant

THE SECRETARY FOR JUSTICE (for the Building Authority)

7th Defendant

Procedural Posture

Personal Injuries / Applications for Summary Judgment Under Order 14 and Interim Payment Under Order 29

Legal Issues

  1. 1 Whether 1st defendant liable for collapse of unauthorized canopy as owner/landlord
  2. 2 Whether knowledge or constructive notice of dangerous condition exists
  3. 3 Whether summary judgment appropriate or triable issues exist

Ratio Decidendi

Summary judgment refused because the 1st defendant's knowledge of the dangerous state of the unauthorized canopy was in dispute and knowledge is a fact-intensive issue inappropriate for interlocutory inference; unconditional leave to defend granted. Interim payment application dismissed because the court was not satisfied the plaintiffs would obtain judgment against the 1st defendant and there are conflicting authorities on making interim payments where leave to defend is granted.

Court Disposition

Unconditional leave granted to 1st defendant to defend; interim payment application dismissed; costs to be heard

Orders

  • Unconditional leave to 1st defendant to defend the action
  • Interim payment application dismissed