CHAN SIU HAN v. TONG YUK LAN

CHAN SIU HAN v. TONG YUK LAN

The judge found there were real disputes of fact and competing interpretations concerning the Law Society circular undertaking and the effect of the 15 July 2008 letter, and that the defendant therefore had an arguable case on fact and law; accordingly the plaintiff did not demonstrate a realistic prospect of success and leave to appeal was refused.

Citation
CHAN SIU HAN v. TONG YUK LAN
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 February 2009
Case Number
DCCJ3432/2008
Procedural Posture
Application for Leave to Appeal Against Refusal to Strike Out/summary Judgment Decision (order 86 Application) / Interlocutory Application for Leave to Appeal Following Judge's Grant of Leave to Defend on Summary Judgment Application
Outcome
Leave to appeal refused.
Legal Topics
Summary Judgment, Leave to Defend, Order 86 Rule 1, Order 86 Rule 4(2), Law Society Circular Undertaking, Construction of Undertakings, Appeal Test
Source Language
EN
Civil Procedure Contract Law Property Law Summary Judgment Leave to Defend Order 86 Rule 1 Order 86 Rule 4(2) Law Society Circular Undertaking +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Application for Leave to Appeal Against Refusal to Strike Out/summary Judgment Decision (order 86 Application) / Interlocutory Application for Leave to Appeal Following Judge's Grant of Leave to Defend on Summary Judgment Application

Legal Issues

  1. 1 Whether the vendor's 15 July 2008 letter constituted a valid undertaking under the Law Society circular
  2. 2 Whether there exists a triable issue or a real and bona fide defence sufficient to refuse summary judgment
  3. 3 Whether leave to appeal against the grant of leave to defend should be granted

Ratio Decidendi

The judge found there were real disputes of fact and competing interpretations concerning the Law Society circular undertaking and the effect of the 15 July 2008 letter, and that the defendant therefore had an arguable case on fact and law; accordingly the plaintiff did not demonstrate a realistic prospect of success and leave to appeal was refused.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal refused.
  • Costs of application and hearing to Defendant to be taxed if not agreed with certificate for counsel.