ALL OVERSEAS LTD AND OTHERS v. BEST CODES NOMINEES LTD AND OTHERS

ALL OVERSEAS LTD AND OTHERS v. BEST CODES NOMINEES LTD AND OTHERS

Because there was a genuine and material dispute as to whether the HK$600,000 loan had been repaid, the plaintiffs' applications under Order 14/14A could not succeed on affidavit evidence alone; the defendants raised arguable defenses meriting trial and therefore were granted unconditional leave to defend.

Citation
ALL OVERSEAS LTD AND OTHERS v. BEST CODES NOMINEES LTD AND OTHERS
Parties
1st Plaintiff: All Overseas Limited; 2nd Plaintiff: Best Result International Limited; 3rd Plaintiff: Great Luck Holdings Limited; 1st Defendant: Best Codes Nominees Limited; 2nd Defendant: Lau King Fai; 3rd Defendant: Li Hui Zhang; 4th Defendant: Chelton Finance Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 September 2005
Case Number
HCA4515/2002
Procedural Posture
Civil Action (share Mortgage Dispute) / Chambers Hearing on Order 14/14 a Application for Summary Judgment and Leave to Defend
Outcome
Unconditional leave to defend granted to defendants; plaintiffs' summary judgment application under Order 14/14A refused.
Legal Topics
Share Mortgage, Summary Judgment, Leave to Defend, Rectification of Companies Register, Proxy and Voting Rights, Removal and Appointment of Directors, Repayment of Loan
Source Language
EN
Company Law Contract Law Equity Civil Procedure Share Mortgage Summary Judgment Leave to Defend Rectification of Companies Register +3 more

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Parties

All Overseas Limited

1st Plaintiff

Best Result International Limited

2nd Plaintiff

Great Luck Holdings Limited

3rd Plaintiff

Best Codes Nominees Limited

1st Defendant

Lau King Fai

2nd Defendant

Li Hui Zhang

3rd Defendant

Chelton Finance Limited

4th Defendant

Procedural Posture

Civil Action (share Mortgage Dispute) / Chambers Hearing on Order 14/14 a Application for Summary Judgment and Leave to Defend

Legal Issues

  1. 1 Whether the HK$600,000 loan had been repaid
  2. 2 Whether defendants are entitled to enforce the share mortgage if loan not repaid
  3. 3 Whether plaintiff was entitled to summary judgment under Order 14/14A

Ratio Decidendi

Because there was a genuine and material dispute as to whether the HK$600,000 loan had been repaid, the plaintiffs' applications under Order 14/14A could not succeed on affidavit evidence alone; the defendants raised arguable defenses meriting trial and therefore were granted unconditional leave to defend.

Court Disposition

Unconditional leave to defend granted to defendants; plaintiffs' summary judgment application under Order 14/14A refused.

Orders

  • Unconditional leave granted to the defendants to defend the action.
  • Plaintiffs to file and serve re-amended statement of claim within 14 days.