ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

ZHANG JIZHI v. HONG KONG TV INTERNATIONAL MEDIA GROUP LTD AND ANOTHER

Looking at the agreement as a whole and the surrounding indicia, Party A comprised both the 1st and 2nd Defendants; the appellants failed to raise any triable issues on identity, election/estoppel, unjust enrichment (including total failure of consideration) or change of position; the judge did not err in refusing late evidence or amendments; summary judgment and the Master/Judge's orders were therefore upheld and the appeals and leave application dismissed.

Citation
[2024] HKCA 302
Parties
Plaintiff / Respondent: Zhang Jizhi; 1st Defendant (company) / 1st Appellant: 1st Defendant; 2nd Defendant (individual) / 2nd Appellant: 2nd Defendant
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 April 2024
Case Number
CACV96/2022
Procedural Posture
Civil Appeal / Court of Appeal Reasons for Judgment on Appeals From High Court Summary Judgment and Chamber Judgment
Outcome
D1's Notice of Appeal dismissed; D2's Notice of Appeal dismissed; Leave Summons to appeal New Evidence Order dismissed; summary judgment and Master/Judge's orders upheld; costs to Plaintiff to be taxed on party-and-party basis
Legal Topics
Summary Judgment, Identity of Contracting Parties, Parol/extrinsic Evidence Admissibility, Election/estoppel, Change of Position Defence, Rectification, Application to Admit New Evidence, Amendment of Pleadings, Assessment of Damages
Source Language
EN
Contract Law Company Law Unjust Enrichment / Restitution Civil Procedure Appeal Law Summary Judgment Identity of Contracting Parties Parol/extrinsic Evidence Admissibility +6 more

Case Brief

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Parties

Zhang Jizhi

Plaintiff / Respondent

1st Defendant

1st Defendant (company) / 1st Appellant

2nd Defendant

2nd Defendant (individual) / 2nd Appellant

Procedural Posture

Civil Appeal / Court of Appeal Reasons for Judgment on Appeals From High Court Summary Judgment and Chamber Judgment

Legal Issues

  1. 1 Whether Party A under the written agreement comprised the 1st Defendant, the 2nd Defendant, or both
  2. 2 Whether parol/extrinsic evidence could be admitted to alter or contradict the written identification of parties
  3. 3 Whether the appellants raised triable issues to resist summary judgment (including election/estoppel and unjust enrichment defences)

Ratio Decidendi

Looking at the agreement as a whole and the surrounding indicia, Party A comprised both the 1st and 2nd Defendants; the appellants failed to raise any triable issues on identity, election/estoppel, unjust enrichment (including total failure of consideration) or change of position; the judge did not err in refusing late evidence or amendments; summary judgment and the Master/Judge's orders were therefore upheld and the appeals and leave application dismissed.

Court Disposition

D1's Notice of Appeal dismissed; D2's Notice of Appeal dismissed; Leave Summons to appeal New Evidence Order dismissed; summary judgment and Master/Judge's orders upheld; costs to Plaintiff to be taxed on party-and-party basis

Orders

  • D1's Notice of Appeal dismissed with costs to the Plaintiff
  • D2's Notice of Appeal dismissed with costs to the Plaintiff