STRONG BASE SERVICES LTD v. GEROMA ELECTRONIC LTD AND ANOTHER

STRONG BASE SERVICES LTD v. GEROMA ELECTRONIC LTD AND ANOTHER

The Court of Appeal will not overturn a judge's discretionary decision to grant unconditional leave to defend where the judge, after evaluating affidavit material, has concluded genuine triable issues of fact exist; accordingly the appeal must be dismissed and the defendant given unconditional leave to defend.

Citation
STRONG BASE SERVICES LTD v. GEROMA ELECTRONIC LTD AND ANOTHER
Parties
Appellant/plaintiff: Strong Base Services Limited; Respondent/1st Defendant: Geroma Electronic Limited; 2nd Defendant: Tse Kam Hung
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
6 March 1996
Case Number
CACV249/1995
Procedural Posture
Civil Appeal (summary Judgment Under Order 14) / Interlocutory Appeal From Judge's Order Granting Unconditional Leave to Defend
Outcome
Appeal dismissed; judge's order granting unconditional leave to defend for the 1st defendant upheld.
Legal Topics
Summary Judgment, Order 14, Leave to Defend, Triable Issue, Interlocutory Appeal
Source Language
EN
Civil Procedure Commercial Law Contract Law Summary Judgment Order 14 Leave to Defend Triable Issue Interlocutory Appeal

Case Brief

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Parties

Strong Base Services Limited

Appellant/plaintiff

Geroma Electronic Limited

Respondent/1st Defendant

Tse Kam Hung

2nd Defendant

Procedural Posture

Civil Appeal (summary Judgment Under Order 14) / Interlocutory Appeal From Judge's Order Granting Unconditional Leave to Defend

Legal Issues

  1. 1 Whether the Court of Appeal should disturb a judge's grant of unconditional leave to defend on an Order 14 summary judgment application
  2. 2 Whether the 1st defendant has demonstrated genuine triable issues of fact precluding summary judgment
  3. 3 Whether the Court may substitute conditional leave to defend for a judge's order granting unconditional leave

Ratio Decidendi

The Court of Appeal will not overturn a judge's discretionary decision to grant unconditional leave to defend where the judge, after evaluating affidavit material, has concluded genuine triable issues of fact exist; accordingly the appeal must be dismissed and the defendant given unconditional leave to defend.

Court Disposition

Appeal dismissed; judge's order granting unconditional leave to defend for the 1st defendant upheld.

Orders

  • Appeal dismissed
  • Unconditional leave to defend granted to 1st Defendant (Geroma Electronic Limited); summary judgment set aside