CHAN MING WING v. CHEUNG MAN KUN

CHAN MING WING v. CHEUNG MAN KUN

The court found abundant disputed material facts raising triable issues; therefore summary judgment was inappropriate. The Master's orders were set aside and the defendant was granted leave to defend on condition that he pays $1.9 million into court within 21 days.

Citation
CHAN MING WING v. CHEUNG MAN KUN
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 January 2017
Case Number
HCA1504/2015
Procedural Posture
Civil Debt (loan) Appeal From Summary Judgment / Chambers Hearing on Appeal From Master; Leave to Defend Granted Subject to Condition
Outcome
Master Kwang's summary judgment dated 10 August 2016 set aside; leave to defend granted subject to payment into court
Legal Topics
Summary Judgment, Triable Issues, Leave to Defend, Payment Into Court, Set Aside Order
Source Language
EN
Civil Procedure Debt Recovery Contract Evidence Summary Judgment Triable Issues Leave to Defend Payment Into Court +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Debt (loan) Appeal From Summary Judgment / Chambers Hearing on Appeal From Master; Leave to Defend Granted Subject to Condition

Legal Issues

  1. 1 Whether summary judgment was appropriate
  2. 2 Whether there are triable issues of fact
  3. 3 Whether the defendant has a real defence

Ratio Decidendi

The court found abundant disputed material facts raising triable issues; therefore summary judgment was inappropriate. The Master's orders were set aside and the defendant was granted leave to defend on condition that he pays $1.9 million into court within 21 days.

Court Disposition

Master Kwang's summary judgment dated 10 August 2016 set aside; leave to defend granted subject to payment into court

Orders

  • Set aside the Master\u2019s orders dated 10 August 2016
  • Defendant granted leave to defend