OVERSEAS ADVISORY INC. v. GENERAL ULTRASOUND TECHNOLOGY LTD

OVERSEAS ADVISORY INC. v. GENERAL ULTRASOUND TECHNOLOGY LTD

The Defendants failed to adduce potentially credible evidence carrying a degree of conviction that the consultancy fees had been paid in full or that the Business Consultancy Agreement imposed personal obligations on Liu; consequently they did not demonstrate a defence with a real prospect of success and the appeal to set aside the regular default judgment is dismissed.

Citation
OVERSEAS ADVISORY INC. v. GENERAL ULTRASOUND TECHNOLOGY LTD
Parties
Plaintiff: Overseas Advisory Inc.; 1st Defendant: General Ultrasound Technology Ltd.; 2nd Defendant: SVO Private Equity Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 December 2008
Case Number
DCCJ370/2008
Procedural Posture
Civil (contract; Application to Set Aside Default Judgment) / Appeal From Master's Dismissal of Application to Set Aside a Regular Default Judgment
Outcome
Appeal dismissed.
Legal Topics
Setting Aside Default Judgment, Construction of Contract, Summary Judgment Principles, Burden of Proof, Consultancy Agreements
Source Language
EN
Contract Civil Procedure Evidence Employment Law Commercial Law Setting Aside Default Judgment Construction of Contract Summary Judgment Principles +2 more

Case Brief

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Parties

Overseas Advisory Inc.

Plaintiff

General Ultrasound Technology Ltd.

1st Defendant

SVO Private Equity Limited

2nd Defendant

Procedural Posture

Civil (contract; Application to Set Aside Default Judgment) / Appeal From Master's Dismissal of Application to Set Aside a Regular Default Judgment

Legal Issues

  1. 1 Whether the consultancy fees had been paid in full prior to termination
  2. 2 Construction of the Business Consultancy Agreement phrase 'Consultant shall provide services on a full time and fixed period basis'
  3. 3 Whether the Plaintiff breached the Business Consultancy Agreement

Ratio Decidendi

The Defendants failed to adduce potentially credible evidence carrying a degree of conviction that the consultancy fees had been paid in full or that the Business Consultancy Agreement imposed personal obligations on Liu; consequently they did not demonstrate a defence with a real prospect of success and the appeal to set aside the regular default judgment is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Costs of this appeal to the Plaintiff to be taxed if not agreed.