SHUN KAI FINANCE CO. LTD. AND OTHERS v. JAPAN LEASING (HONG KONG) LTD.

SHUN KAI FINANCE CO. LTD. AND OTHERS v. JAPAN LEASING (HONG KONG) LTD.

The Court affirmed the Master's refusal to order trial of the preliminary issues because the defendant's proposal would in practice require a full trial of contested facts (including the plaintiffs' pending amendment alleging an oral agreement), Order 33 was not intended to accommodate the defendant's attempt to...

Source-derived case information.

Citation
SHUN KAI FINANCE CO. LTD. AND OTHERS v. JAPAN LEASING (HONG KONG) LTD.
Parties
1st Plaintiff: SHUN KAI FINANCE COMPANY LIMITED; 2nd Plaintiff: WONG SHUN; 3rd Plaintiff: YEUNG PUI YING ANNA; Defendant/appellant: JAPAN LEASING (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 1999
Case Number
HCA13826/1998
Procedural Posture
Civil: Contract and Tort / Appeal Against Master Poon's Order Dismissing Defendant's Application for Leave to Try Preliminary Issues (hearing in Chambers; Reasons Delivered 3 May 1999)
Outcome
Appeal dismissed; Master's order affirmed
Legal Topics
Revocation of Authority to Receive Payments, Breach of Governing Agreement, Procurement of Breach of Contract, Preliminary Issues Under Order 33, Amendment of Statement of Claim, Separation of Liability and Quantum
Source Language
en
Contract Tort Civil Procedure Mortgages Equity Revocation of Authority to Receive Payments Breach of Governing Agreement Procurement of Breach of Contract +3 more

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Parties

SHUN KAI FINANCE COMPANY LIMITED

1st Plaintiff

WONG SHUN

2nd Plaintiff

YEUNG PUI YING ANNA

3rd Plaintiff

JAPAN LEASING (HONG KONG) LIMITED

Defendant/appellant

Procedural Posture

Civil: Contract and Tort / Appeal Against Master Poon's Order Dismissing Defendant's Application for Leave to Try Preliminary Issues (hearing in Chambers; Reasons Delivered 3 May 1999)

Legal Issues

  1. 1 Whether the defendant was entitled to require sub-borrowers to pay it directly instead of the 1st plaintiff
  2. 2 Whether the 1st plaintiff's authority to receive payments ceased automatically on default or upon specific revocation notices of 1 July, 23 July and 8 October 1998
  3. 3 Whether the defendant should be granted leave under Order 33 to try preliminary issues

Ratio Decidendi

The Court affirmed the Master's refusal to order trial of the preliminary issues because the defendant's proposal would in practice require a full trial of contested facts (including the plaintiffs' pending amendment alleging an oral agreement), Order 33 was not intended to accommodate the defendant's attempt to shortcut normal procedure, and there was no justification to depart from the normal course; accordingly the appeal was dismissed.

Court Disposition

Appeal dismissed; Master's order affirmed

Orders

  • Appeal dismissed