CHINALYNX INTERNATIONAL LTD v. YEUNG YIN ALICE AND ANOTHER

CHINALYNX INTERNATIONAL LTD v. YEUNG YIN ALICE AND ANOTHER

The appeal was dismissed because the 1st named defendant plainly breached Clause 2 of the Agreement, the defendants failed to prove any valid variation of that clause by conduct or by the Letter, and therefore there was no real defence to the plaintiff's claim warranting summary judgment.

Citation
CHINALYNX INTERNATIONAL LTD v. YEUNG YIN ALICE AND ANOTHER
Parties
Plaintiff: Plaintiff; Defendants: Defendants; Defendant: 1st Named Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 2009
Case Number
HCA314/2008
Procedural Posture
Appeal From Summary Judgment in Civil Action (contract/property) / Appeal to Court of First Instance Against Registrar's Summary Judgment Order
Outcome
Appeal dismissed; summary judgment against defendants upheld.
Legal Topics
Summary Judgment, Breach of Contract, Possession, Variation of Contract, Contractual Obligations
Source Language
EN
Contract Property Civil Procedure Summary Judgment Breach of Contract Possession Variation of Contract Contractual Obligations

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

1st Named Defendant

Defendant

Procedural Posture

Appeal From Summary Judgment in Civil Action (contract/property) / Appeal to Court of First Instance Against Registrar's Summary Judgment Order

Legal Issues

  1. 1 Whether the 1st named defendant breached Clause 2 of the Agreement
  2. 2 Whether the parties varied Clause 2 by conduct or by the Letter relied upon by defendants
  3. 3 Whether there was any defence or basis for the defendants counterclaim such that summary judgment was inappropriate

Ratio Decidendi

The appeal was dismissed because the 1st named defendant plainly breached Clause 2 of the Agreement, the defendants failed to prove any valid variation of that clause by conduct or by the Letter, and therefore there was no real defence to the plaintiff's claim warranting summary judgment.

Court Disposition

Appeal dismissed; summary judgment against defendants upheld.

Orders

  • Appeal dismissed with costs.
  • Summary judgment entered against the defendants for possession of the suit property and RMB3,258,986.30 with interest.