LI CHING CHOI v. TACT STRONG INDUSTRIAL LTD

LI CHING CHOI v. TACT STRONG INDUSTRIAL LTD

Order 86 does not permit a defendant to apply for summary judgment on a counterclaim; accordingly the summary judgment entered below was improperly granted and must be set aside.

Source-derived case information.

Citation
LI CHING CHOI v. TACT STRONG INDUSTRIAL LTD
Parties
Plaintiff/appellant: Li Ching Choi; Defendant/respondent: Tact Strong Industrial Limited
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 November 1988
Case Number
CACV113/1988
Procedural Posture
Civil Appeal / Appeal to Court of Appeal From High Court Judgment (order of Master Sustained by Penlington J.a.)
Outcome
Appeal allowed; judgment entered below set aside.
Legal Topics
Summary Judgment, Counterclaim, Specific Performance, Order 86, Order 14, Judicature Act 1873
Source Language
en
Civil Procedure Contract Property Equitable Remedies Summary Judgment Counterclaim Specific Performance Order 86 +2 more

Source-derived case record

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Parties

Li Ching Choi

Plaintiff/appellant

Tact Strong Industrial Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to Court of Appeal From High Court Judgment (order of Master Sustained by Penlington J.a.)

Legal Issues

  1. 1 Whether a defendant (counterclaimant) may obtain summary judgment under Order 86 on a counterclaim
  2. 2 Interpretation and applicability of Order 86 and Order 14 to counterclaims
  3. 3 Whether the Judicature Act 1873 or adoption of English rules alters the availability of summary judgment on counterclaims

Ratio Decidendi

Order 86 does not permit a defendant to apply for summary judgment on a counterclaim; accordingly the summary judgment entered below was improperly granted and must be set aside.

Court Disposition

Appeal allowed; judgment entered below set aside.

Orders

  • Appeal allowed
  • Judgment entered below set aside