Meridian Success International Ltd. & Metal Material Corporation v. Catrons Havana Cuba

Meridian Success International Ltd. & Metal Material Corporation v. Catrons Havana Cuba

The grant of summary judgment was erroneous because the defendant produced credible survey evidence that created a genuine triable issue as to the amount of the shortfall; therefore the matter must proceed to trial and the defendant must be permitted to defend the action.

Source-derived case information.

Citation
Meridian Success International Ltd. & Metal Material Corporation v. Catrons Havana Cuba
Parties
Plaintiff/respondent: Meridian Success International Limited; Plaintiff/respondent: Metal Material Corporation; Defendant/appellant: Catrons Havana Cuba
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 June 1995
Case Number
CACV63/1995
Procedural Posture
Civil Appeal From Summary Judgment / Court of Appeal Hearing on Appeal From Order 14 Summary Judgment
Outcome
Appeal allowed; summary judgment set aside; defendant granted unconditional leave to defend
Legal Topics
Summary Judgment, Order 14 RSC, Short Delivery of Cargo, Survey Evidence, Right to Trial
Source Language
en
Contract Civil Procedure Maritime Law Evidence Summary Judgment Order 14 RSC Short Delivery of Cargo Survey Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Meridian Success International Limited

Plaintiff/respondent

Metal Material Corporation

Plaintiff/respondent

Catrons Havana Cuba

Defendant/appellant

Procedural Posture

Civil Appeal From Summary Judgment / Court of Appeal Hearing on Appeal From Order 14 Summary Judgment

Legal Issues

  1. 1 Whether summary judgment under Order 14 was appropriate where there is a genuine dispute as to the quantity short delivered
  2. 2 Whether the subsequent survey report constituted credible evidence giving rise to a triable issue
  3. 3 Whether the judge impermissibly tried the case on affidavit and expert report without a trial

Ratio Decidendi

The grant of summary judgment was erroneous because the defendant produced credible survey evidence that created a genuine triable issue as to the amount of the shortfall; therefore the matter must proceed to trial and the defendant must be permitted to defend the action.

Court Disposition

Appeal allowed; summary judgment set aside; defendant granted unconditional leave to defend

Orders

  • Allow the appeal
  • Set aside the order of Mr Justice Mayo dated 10 February 1995 granting summary judgment