BEST DYNASTY INVESTMENTS LTD v. CHAN TAK WING OSWALD AND OTHERS

BEST DYNASTY INVESTMENTS LTD v. CHAN TAK WING OSWALD AND OTHERS

The Judge treated the appeal as a full rehearing, found the defendants' contentions insufficient to defeat the plaintiff's claim, upheld the consent between plaintiff and D1/D2 resulting in judgment against D1 and D2, and dismissed D3's appeal and entered judgment against her where her evidence failed to rebut the plaintiff's claim.

Citation
[2019] HKCFI 1254
Parties
Plaintiff: Plaintiff; Defendant: D1; Defendant: D2; Defendant: D3
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2019
Case Number
HCA3296/2016
Procedural Posture
Civil: Summary Judgment and Appeal From Master / Appeal to Judge in Chambers; Hearing and Consent Order
Outcome
Appeals dismissed; consent order entered against D1 and D2; judgment entered against D3
Legal Topics
Summary Judgment, Appeal From Master to Judge, Consent Order, Pre Judgment Interest, Economic Borrower/beneficial Ownership
Source Language
EN
Contract Civil Procedure Debt Recovery Guarantee/loans Summary Judgment Appeal From Master to Judge Consent Order Pre Judgment Interest +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

D1

Defendant

D2

Defendant

D3

Defendant

Procedural Posture

Civil: Summary Judgment and Appeal From Master / Appeal to Judge in Chambers; Hearing and Consent Order

Legal Issues

  1. 1 Whether D1 and D2 (and D3) were the actual economic borrowers liable under the Loan Agreement
  2. 2 Whether D3's defences and affidavits rebutted the plaintiff's summary judgment claim
  3. 3 Effect and enforcement of the Consent Order reached between plaintiff and D1/D2

Ratio Decidendi

The Judge treated the appeal as a full rehearing, found the defendants' contentions insufficient to defeat the plaintiff's claim, upheld the consent between plaintiff and D1/D2 resulting in judgment against D1 and D2, and dismissed D3's appeal and entered judgment against her where her evidence failed to rebut the plaintiff's claim.

Court Disposition

Appeals dismissed; consent order entered against D1 and D2; judgment entered against D3

Orders

  • Their appeal be dismissed with costs to be taxed if not agreed
  • Judgment be entered against each of D1 and D2 for HK$4,400,000