HONG KONG HOUSING SOCIETY v. TANG KAR HUNG

HONG KONG HOUSING SOCIETY v. TANG KAR HUNG

Leave to appeal was refused because there was no right of appeal available and the questions advanced were not of sufficient general or public importance; the summary judgment enforcing the unconditional guarantees for the sum advanced was correctly entered and should stand.

Citation
HONG KONG HOUSING SOCIETY v. TANG KAR HUNG
Parties
Plaintiff (respondent): Hong Kong Housing Society; Defendant (applicant): Tang Kar Hung
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
24 March 2000
Case Number
FAMV4/2000
Procedural Posture
Civil Application for Leave to Appeal to Court of Final Appeal / Determination on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed
Legal Topics
Summary Judgment, Enforcement of Guarantee, Leave to Appeal, Default Under Building Contract
Source Language
EN
Civil Procedure Contract Guarantee Construction Law Insolvency/liquidation Summary Judgment Enforcement of Guarantee Leave to Appeal +1 more

Case Brief

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Parties

Hong Kong Housing Society

Plaintiff (respondent)

Tang Kar Hung

Defendant (applicant)

Procedural Posture

Civil Application for Leave to Appeal to Court of Final Appeal / Determination on Application for Leave to Appeal

Legal Issues

  1. 1 Whether summary judgment under Order 14 was properly entered to enforce unconditional guarantees without proof of default
  2. 2 Whether there was a right of appeal to the Court of Final Appeal in the circumstances
  3. 3 Whether the questions raised were of sufficient general or public importance to warrant leave to appeal

Ratio Decidendi

Leave to appeal was refused because there was no right of appeal available and the questions advanced were not of sufficient general or public importance; the summary judgment enforcing the unconditional guarantees for the sum advanced was correctly entered and should stand.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Costs awarded to Respondent