PAN GLOBAL LTD v. LAM WAI KEUNG AND OTHERS

PAN GLOBAL LTD v. LAM WAI KEUNG AND OTHERS

The court found the defendant's assertions not believable and not amounting to an arguable defence. There was sufficient evidence that Pan advanced the loan to the Company and that the Guarantee bound Mr Lam; prior acknowledgements and payments reinforced liability. Allegations of fraud by a co-director and non est factum did not raise triable issues against Pan. Summary judgment was therefore granted for the Plaintiff for the claimed sums with interest and costs.

Citation
PAN GLOBAL LTD v. LAM WAI KEUNG AND OTHERS
Parties
Plaintiff: Pan Global Limited; 1st Defendant: Lam Wai Keung; 2nd Defendant: Ling Kam Chung; 3rd Defendant: Chung Tim Fat
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 February 2009
Case Number
DCCJ3433/2008
Procedural Posture
Civil Action Guarantee/contract / Order 14 Summary Judgment Application (judgment Handed Down)
Outcome
Summary judgment granted for the Plaintiff against the 1st Defendant
Legal Topics
Summary Judgment, Non Est Factum, Guarantee Liability, Fraud Allegations, Demand and Repayment, Interest
Source Language
EN
Contract Civil Procedure Guarantee Commercial Law Summary Judgment Non Est Factum Guarantee Liability Fraud Allegations +2 more

Case Brief

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Parties

Pan Global Limited

Plaintiff

Lam Wai Keung

1st Defendant

Ling Kam Chung

2nd Defendant

Chung Tim Fat

3rd Defendant

Procedural Posture

Civil Action Guarantee/contract / Order 14 Summary Judgment Application (judgment Handed Down)

Legal Issues

  1. 1 Whether defendant has an arguable defence to an application for summary judgment under Order 14
  2. 2 Whether the Guarantee signed by the defendant renders him liable for the loan advanced to the Company
  3. 3 Whether allegations of fraud by a co-director and non est factum amount to a triable issue

Ratio Decidendi

The court found the defendant's assertions not believable and not amounting to an arguable defence. There was sufficient evidence that Pan advanced the loan to the Company and that the Guarantee bound Mr Lam; prior acknowledgements and payments reinforced liability. Allegations of fraud by a co-director and non est factum did not raise triable issues against Pan. Summary judgment was therefore granted for the Plaintiff for the claimed sums with interest and costs.

Court Disposition

Summary judgment granted for the Plaintiff against the 1st Defendant

Orders

  • Judgment for Plaintiff in the sum of HK$669,125
  • Interest on principal sum of HK$252,500 at 30% per annum from 28 July 2008 until payment