KENCY BROTHERS LTD v. LAU MAN SANG, JAMES

KENCY BROTHERS LTD v. LAU MAN SANG, JAMES

Defendant's assertions were inherently unbelievable, inconsistent with pleaded admissions and contemporaneous monthly loan statements; he failed to show a fair or reasonable probability of a real or bona fide defence on interest, repayment or lender identity; accordingly summary judgment was entered for plaintiff for HK$609,126.80 with compound interest at 1% per month from 1 June 2012, and the counterclaim was struck out for disclosing no reasonable cause of action and lack of locus standi.

Citation
KENCY BROTHERS LTD v. LAU MAN SANG, JAMES
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 January 2013
Case Number
DCCJ2143/2012
Procedural Posture
Debt Recovery (summary Judgment) / Judgment (district Court)
Outcome
Summary judgment entered for plaintiff; counterclaim struck out; costs awarded to plaintiff with certificate of counsel.
Legal Topics
Summary Judgment, Striking Out Counterclaim, Interest on Loan, Locus Standi, Abuse of Process, Statutory Discretion Under MLO S23
Source Language
EN
Contract Civil Procedure Money Lending Law Summary Judgment Striking Out Counterclaim Interest on Loan Locus Standi Abuse of Process +1 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Debt Recovery (summary Judgment) / Judgment (district Court)

Legal Issues

  1. 1 Whether defendant raised a real or bona fide defence to defeat summary judgment
  2. 2 Whether interest at the agreed compound rate was payable under the 5th Loan
  3. 3 Whether the 5th Loan had been repaid (payments alleged via third parties/VRHL/Chow)

Ratio Decidendi

Defendant's assertions were inherently unbelievable, inconsistent with pleaded admissions and contemporaneous monthly loan statements; he failed to show a fair or reasonable probability of a real or bona fide defence on interest, repayment or lender identity; accordingly summary judgment was entered for plaintiff for HK$609,126.80 with compound interest at 1% per month from 1 June 2012, and the counterclaim was struck out for disclosing no reasonable cause of action and lack of locus standi.

Court Disposition

Summary judgment entered for plaintiff; counterclaim struck out; costs awarded to plaintiff with certificate of counsel.

Orders

  • Summary judgment for the plaintiff against the defendant for HK$609,126.80 being outstanding under the 5th Loan and accrued interest to 31 May 2012 and further compound interest at 1% per month on the outstanding sum from 1 June 2012 until payment
  • The Counterclaim is struck out under Order 18, r19 on the ground it discloses no reasonable cause of action