LEE WAI MAN AND ANOTHER v. TANG CHOI SAM AND ANOTHER

LEE WAI MAN AND ANOTHER v. TANG CHOI SAM AND ANOTHER

The Court dismissed the appeal, holding the judge properly exercised her discretion in refusing summary judgment because the allegation of a collateral agreement and related factual disputes were genuine and required trial; the appellant failed to show the judge was plainly wrong.

Citation
LEE WAI MAN AND ANOTHER v. TANG CHOI SAM AND ANOTHER
Parties
Plaintiff/appellant: LEE WAI MAN; Plaintiff/appellant: KOK LIEN CHU; Defendant/respondent: TANG CHOI SAM; Defendant/respondent: TANG PUI SZE
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 May 1999
Case Number
CACV96/1999
Procedural Posture
Civil Appeal / Appeal Against Refusal of Order 14 Summary Judgment and Grant of Unconditional Leave to Defend (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Collateral Agreement, Warranty, Illegal Structures, Requisitions to Title
Source Language
EN
Contract Law Property Law Civil Procedure Summary Judgment Collateral Agreement Warranty Illegal Structures Requisitions to Title

Case Brief

Summary, issues, holding and outcome

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Parties

LEE WAI MAN

Plaintiff/appellant

KOK LIEN CHU

Plaintiff/appellant

TANG CHOI SAM

Defendant/respondent

TANG PUI SZE

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Order 14 Summary Judgment and Grant of Unconditional Leave to Defend (court of Appeal)

Legal Issues

  1. 1 Whether the judge erred in refusing summary judgment under Order 14
  2. 2 Whether an alleged collateral agreement existed and its effect on requisitions regarding an illegal structure
  3. 3 Whether the warranty in the sale and purchase agreement was inconsistent with the alleged collateral agreement

Ratio Decidendi

The Court dismissed the appeal, holding the judge properly exercised her discretion in refusing summary judgment because the allegation of a collateral agreement and related factual disputes were genuine and required trial; the appellant failed to show the judge was plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed by Court of Appeal
  • Respondents granted unconditional leave to defend (refusal of summary judgment upheld)