SECRETARY FOR JUSTICE v. LAM CHI BIN STANLEY

SECRETARY FOR JUSTICE v. LAM CHI BIN STANLEY

Order 14 rule 11 governs the application to set aside the perfected summary judgment; the defendant failed to show any defence with a real prospect of success or even a bona fide defence because his own pleadings and evidence were inconsistent and insufficient to prove non‑liability or an agreed transfer of tenancy to his company; summary judgment therefore stands and the appeal is dismissed.

Citation
SECRETARY FOR JUSTICE v. LAM CHI BIN STANLEY
Parties
Plaintiff: Secretary for Justice; Defendant: Lam Chi Bin Stanley
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2001
Case Number
HCA148/2001
Procedural Posture
Civil Tenancy Dispute (possession, Rent and Damages) / Appeal From Master's Refusal to Set Aside Summary Judgment; Summary Judgment and Applications to Set Aside/restore Hearing
Outcome
Appeal dismissed; summary judgment upheld; defendant ordered to deliver up vacant possession; costs awarded to plaintiff (order nisi)
Legal Topics
Summary Judgment, Setting Aside Default Judgment, Order 14 Rule 11, Order 32 Rule 5, Tenancy Agreement, Vacant Possession, Oral Settlement, Costs
Source Language
EN
Civil Litigation Landlord and Tenant Procedure Summary Judgment and Setting Aside Default Judgment Administrative/state as Landlord Summary Judgment Setting Aside Default Judgment Order 14 Rule 11 Order 32 Rule 5 +4 more

Case Brief

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Parties

Secretary for Justice

Plaintiff

Lam Chi Bin Stanley

Defendant

Procedural Posture

Civil Tenancy Dispute (possession, Rent and Damages) / Appeal From Master's Refusal to Set Aside Summary Judgment; Summary Judgment and Applications to Set Aside/restore Hearing

Legal Issues

  1. 1 Which procedural test applies: Order 14 r11 or Order 32 r5
  2. 2 Whether the defendant has a defence with a real prospect of success or at least a bona fide defence
  3. 3 Whether an oral settlement (transfer of tenancy to company) was proved

Ratio Decidendi

Order 14 rule 11 governs the application to set aside the perfected summary judgment; the defendant failed to show any defence with a real prospect of success or even a bona fide defence because his own pleadings and evidence were inconsistent and insufficient to prove non‑liability or an agreed transfer of tenancy to his company; summary judgment therefore stands and the appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgment upheld; defendant ordered to deliver up vacant possession; costs awarded to plaintiff (order nisi)

Orders

  • Appeal dismissed
  • Summary judgment upheld