SUPER ELECTRIC MOTOR LTD. v. PAI CHUNG YING

SUPER ELECTRIC MOTOR LTD. v. PAI CHUNG YING

The appeal is allowed and the summary judgment is set aside because it was not clear that there was no real defence and the judge's basis did not match the pleaded case, making a trial necessary.

Citation
SUPER ELECTRIC MOTOR LTD. v. PAI CHUNG YING
Parties
Plaintiff (respondent): SUPER ELECTRIC MOTOR LIMITED; 1st Defendant (appellant): PAI CHUNG YING
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 April 1995
Case Number
CACV225/1994
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
Appeal allowed; order granting summary judgment set aside
Legal Topics
Summary Judgment, Pleading, Entitlement to Debt, Need for Trial
Source Language
EN
Civil Procedure Commercial Law Debt Recovery Summary Judgment Pleading Entitlement to Debt Need for Trial

Case Brief

Summary, issues, holding and outcome

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Parties

SUPER ELECTRIC MOTOR LIMITED

Plaintiff (respondent)

PAI CHUNG YING

1st Defendant (appellant)

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate
  2. 2 Whether there was a real defence to the plaintiff's claim
  3. 3 Whether the judge decided the case on a basis different from the pleaded case

Ratio Decidendi

The appeal is allowed and the summary judgment is set aside because it was not clear that there was no real defence and the judge's basis did not match the pleaded case, making a trial necessary.

Court Disposition

Appeal allowed; order granting summary judgment set aside

Orders

  • Order of Findlay J dated 30 November (summary judgment for $2,282,901.07) set aside
  • Matter to proceed to trial as the court considered a trial necessary