LU MING HUI v. HO YU KUEN

LU MING HUI v. HO YU KUEN

The court held that the promissory note and sale agreement were genuine and enforceable; the defendant's defences that the documents were sham or that the claim was discharged were contradicted by contemporaneous documents and were inherently unbelievable; accordingly summary judgment was properly granted and the...

Source-derived case information.

Citation
LU MING HUI v. HO YU KUEN
Parties
Plaintiff/respondent: LU MING HUI; Defendant/appellant: HO YU KUEN also known as HO YU KUEN TAMMY
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 November 2010
Case Number
CACV121/2010
Procedural Posture
Civil Appeal (court of Appeal, Hong Kong Sar) / Appeal From HCA No. 472 of 2009; Judgment Handed Down 26 November 2010
Outcome
Appeal dismissed; summary judgment in favour of plaintiff affirmed; order nisi for costs in favour of plaintiff
Legal Topics
Summary Judgment, Promissory Note, Sham Transaction, Parol Evidence, Escrow, Share Transfer, Costs
Source Language
en
Contract Civil Procedure Equity Commercial Law Company Law Summary Judgment Promissory Note Sham Transaction +4 more

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Parties

LU MING HUI

Plaintiff/respondent

HO YU KUEN also known as HO YU KUEN TAMMY

Defendant/appellant

Procedural Posture

Civil Appeal (court of Appeal, Hong Kong Sar) / Appeal From HCA No. 472 of 2009; Judgment Handed Down 26 November 2010

Legal Issues

  1. 1 Whether the promissory note was an enforceable obligation
  2. 2 Whether the sale and purchase agreement and promissory note were a sham
  3. 3 Whether the defendant disclosed a real triable defence sufficient to defeat summary judgment

Ratio Decidendi

The court held that the promissory note and sale agreement were genuine and enforceable; the defendant's defences that the documents were sham or that the claim was discharged were contradicted by contemporaneous documents and were inherently unbelievable; accordingly summary judgment was properly granted and the appeal was dismissed.

Court Disposition

Appeal dismissed; summary judgment in favour of plaintiff affirmed; order nisi for costs in favour of plaintiff

Orders

  • Appeal dismissed
  • Summary judgment for the plaintiff on the promissory note claim affirmed