CHINA TRAVEL SERVICE ZHEJIANG v. JIANGSU (HK) TRAVEL CO LTD.

CHINA TRAVEL SERVICE ZHEJIANG v. JIANGSU (HK) TRAVEL CO LTD.

The appeal was allowed and conditional leave to defend granted because, although aspects of the Defendants joint venture/agency case were arguable, the Plaintiffs invoices and the Defendants own correspondence admitted indebtedness and made the defence not plainly arguable; accordingly the Defendant may defend only if it pays the claimed sums into court by the specified date.

Citation
CHINA TRAVEL SERVICE ZHEJIANG v. JIANGSU (HK) TRAVEL CO LTD.
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 October 2001
Case Number
HCA10570/2000
Procedural Posture
Civil Debt Claim (summary Judgment) / Appeal Against Masters Order / Application for Leave to Defend
Outcome
Appeal allowed; conditional leave to defend granted
Legal Topics
Summary Judgment, Leave to Defend, Joint Venture, Agency Accounting, Admissions in Correspondence, Payment Into Court
Source Language
EN
Contract Agency Company Law Civil Procedure Summary Judgment Leave to Defend Joint Venture Agency Accounting +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Debt Claim (summary Judgment) / Appeal Against Masters Order / Application for Leave to Defend

Legal Issues

  1. 1 Whether the Defendant has shown a triable defence to resist summary judgment
  2. 2 Whether the Defendant acted as gratuitous agent of a joint venture (China Hong Kong Tourist Conglomerate) and so is not personally liable
  3. 3 Whether the Plaintiffs invoices and correspondence constitute admissions binding the Defendant

Ratio Decidendi

The appeal was allowed and conditional leave to defend granted because, although aspects of the Defendants joint venture/agency case were arguable, the Plaintiffs invoices and the Defendants own correspondence admitted indebtedness and made the defence not plainly arguable; accordingly the Defendant may defend only if it pays the claimed sums into court by the specified date.

Court Disposition

Appeal allowed; conditional leave to defend granted

Orders

  • Defendant given leave to defend conditional upon paying RMB381,780.10 and RMB507,525.10 into court before 4:00pm on 2 November 2001