EMPIRE WISDOM LTD v. MAK CHUNG FU AND OTHERS

EMPIRE WISDOM LTD v. MAK CHUNG FU AND OTHERS

The court dismissed the appeals of the 1st and 2nd defendants for non-attendance; non-attendance at the hearing justifies dismissal of an appeal.

Citation
[2020] HKCFI 54
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 January 2020
Case Number
HCA821/2018
Procedural Posture
Summary Judgment Application and Appeal From Master's Decision / Hearing of Appeals
Outcome
Appeals of the 1st and 2nd defendants dismissed for non-attendance
Legal Topics
Summary Judgment, Conditional Leave to Defend, Guarantee, Appeal, Non Attendance Dismissal
Source Language
EN
Civil Procedure Contract Enforcement Summary Judgment Conditional Leave to Defend Guarantee Appeal Non Attendance Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

Procedural Posture

Summary Judgment Application and Appeal From Master's Decision / Hearing of Appeals

Legal Issues

  1. 1 Whether summary judgment should be entered for sums due under guarantees
  2. 2 Whether the Master correctly granted conditional leave to defend
  3. 3 Whether appeals should be dismissed for non-attendance at the hearing

Ratio Decidendi

The court dismissed the appeals of the 1st and 2nd defendants for non-attendance; non-attendance at the hearing justifies dismissal of an appeal.

Court Disposition

Appeals of the 1st and 2nd defendants dismissed for non-attendance

Orders

  • 1st and 2nd defendants' appeals dismissed for non-attendance at the hearing