NG TING KWOK v. NG ON KWOK AND ANOTHER

NG TING KWOK v. NG ON KWOK AND ANOTHER

Defendants failed to particularise and provide credible evidence of misrepresentation or breach of non-competition covenants; contemporaneous documents and the defendants' conduct (receipt of accounts, signing, continued payments and execution of the Supplemental Deed) negate reliance and triable issues; therefore there is no bona fide defence and summary judgment is appropriate.

Citation
NG TING KWOK v. NG ON KWOK AND ANOTHER
Parties
Plaintiff: NG TING KWOK; 1st Defendant: NG ON KWOK; 2nd Defendant: DAN YIN PING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 2017
Case Number
HCA1587/2017
Procedural Posture
Order 14 Summary Judgment Application Under Rules of the High Court / Decision After Hearing
Outcome
Summary judgment entered for the plaintiff against the 1st and 2nd defendants
Legal Topics
Summary Judgment, Fraudulent/negligent Misrepresentation, Non Competition Covenant, Restrictive Covenants, Set Off, Costs
Source Language
EN
Contract Civil Procedure Equity Commercial Law Summary Judgment Fraudulent/negligent Misrepresentation Non Competition Covenant Restrictive Covenants +2 more

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Parties

NG TING KWOK

Plaintiff

NG ON KWOK

1st Defendant

DAN YIN PING

2nd Defendant

Procedural Posture

Order 14 Summary Judgment Application Under Rules of the High Court / Decision After Hearing

Legal Issues

  1. 1 Whether plaintiff established a prima facie sustainable case to enforce payment obligations
  2. 2 Whether defendants discharged burden to show triable issues on alleged misrepresentation
  3. 3 Whether alleged misrepresentation was particularised and relied upon

Ratio Decidendi

Defendants failed to particularise and provide credible evidence of misrepresentation or breach of non-competition covenants; contemporaneous documents and the defendants' conduct (receipt of accounts, signing, continued payments and execution of the Supplemental Deed) negate reliance and triable issues; therefore there is no bona fide defence and summary judgment is appropriate.

Court Disposition

Summary judgment entered for the plaintiff against the 1st and 2nd defendants

Orders

  • Final judgment to be entered against the 1st and 2nd defendants in terms of relief (1) to (3) as pleaded in the Statement of Claim dated 5 July 2017
  • Costs of this action (including the costs of and occasioned by this application) to be paid by the 1st and 2nd defendants to the plaintiff, with certificate for one Senior Counsel, to be taxed if not agreed