LUEN TAI PLASTIC AND METALWARE MFY v. WONG SHAN CHING t/a MAN JON LAU PRINTING CO

LUEN TAI PLASTIC AND METALWARE MFY v. WONG SHAN CHING t/a MAN JON LAU PRINTING CO

The court granted conditional leave to defend only upon payment of the plaintiff's claimed sum into court because, while there were suspicious circumstances in the defendant's factual assertions, the matters could potentially be substantiated at trial; accordingly the Master's order and judgment were set aside and...

Source-derived case information.

Citation
LUEN TAI PLASTIC AND METALWARE MFY v. WONG SHAN CHING t/a MAN JON LAU PRINTING CO
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 1983
Case Number
HCA5101/1983
Procedural Posture
Claim for Goods Sold and Delivered; Interlocutory Application Under Order 14 (summary Judgment/leave to Defend) / Appeal From Master on Order 14 Summons (application for Leave to Defend)
Outcome
Order of the learned Master set aside; conditional leave to defend granted only upon payment of the plaintiff's claim into court; costs in the cause
Legal Topics
Leave to Defend, Summary Judgment, Defective Goods, Invoices as Acknowledgment, Particulars of Claim
Source Language
en
Contract Sale of Goods Civil Procedure Evidence Leave to Defend Summary Judgment Defective Goods Invoices as Acknowledgment +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Claim for Goods Sold and Delivered; Interlocutory Application Under Order 14 (summary Judgment/leave to Defend) / Appeal From Master on Order 14 Summons (application for Leave to Defend)

Legal Issues

  1. 1 Whether the defendant should be granted leave to defend an action for goods sold and delivered under an Order 14 application
  2. 2 Whether the chopped and signed invoices amounted to acceptance of goods in good order and condition
  3. 3 Whether the defendant's factual assertions (defective goods, debit notes, assurance of later account adjustment) raise triable issues and are sufficiently particularised

Ratio Decidendi

The court granted conditional leave to defend only upon payment of the plaintiff's claimed sum into court because, while there were suspicious circumstances in the defendant's factual assertions, the matters could potentially be substantiated at trial; accordingly the Master's order and judgment were set aside and conditional leave imposed.

Court Disposition

Order of the learned Master set aside; conditional leave to defend granted only upon payment of the plaintiff's claim into court; costs in the cause

Orders

  • Leave to defend granted conditionally upon payment of the plaintiff's claimed sum into court
  • Order made by the learned Master and the judgment entered pursuant thereto set aside