JAMES MCONOMY LIMITED v. PHILIP YUNG TAK LAM AND OTHERS

JAMES MCONOMY LIMITED v. PHILIP YUNG TAK LAM AND OTHERS

Despite the applicant's delay the Court found sufficient doubt about the justification for the original conditional leave and summary judgment to warrant granting leave to appeal out of time on condition: the applicant must have the specified costs taxed and paid within fourteen days; if complied with the Court would treat the application as the hearing, allow the appeal and grant unconditional leave to defend; if not, the application would be dismissed and existing orders would remain.

Citation
JAMES MCONOMY LIMITED v. PHILIP YUNG TAK LAM AND OTHERS
Parties
Plaintiff (respondent): JAMES MCONOMY LIMITED; 1st Defendant (applicant): PHILIP YUNG TAK LAM; 2nd Defendant: PROSPERITY LANTON LIMITED; 3rd Defendant: ROKAPHILA LANTON LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 1985
Case Number
HCMP424/1985
Procedural Posture
Court of Appeal Miscellaneous Proceedings (civil) / Application for Leave to Appeal Out of Time Following Summary Judgment and Garnishee Proceedings; Appeal Treated as Heard Conditionally
Outcome
Leave to appeal out of time granted conditionally; appeal to be treated as heard and allowed if condition complied with; unconditional leave to defend to be given if condition satisfied; if not satisfied application dismissed and existing orders stand.
Legal Topics
Summary Judgment, Conditional Leave to Defend, Extension of Time to Appeal, Garnishee Order, Taxation of Costs
Source Language
EN
Civil Procedure Appeals Enforcement (garnishee) Summary Judgment Conditional Leave to Defend Extension of Time to Appeal Garnishee Order Taxation of Costs

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Parties

JAMES MCONOMY LIMITED

Plaintiff (respondent)

PHILIP YUNG TAK LAM

1st Defendant (applicant)

PROSPERITY LANTON LIMITED

2nd Defendant

ROKAPHILA LANTON LIMITED

3rd Defendant

Procedural Posture

Court of Appeal Miscellaneous Proceedings (civil) / Application for Leave to Appeal Out of Time Following Summary Judgment and Garnishee Proceedings; Appeal Treated as Heard Conditionally

Legal Issues

  1. 1 Whether to grant leave to appeal out of time
  2. 2 Whether the judge was justified in imposing conditional leave to defend and entering judgment
  3. 3 Whether to impose a condition requiring taxation and payment of costs as precondition to granting leave

Ratio Decidendi

Despite the applicant's delay the Court found sufficient doubt about the justification for the original conditional leave and summary judgment to warrant granting leave to appeal out of time on condition: the applicant must have the specified costs taxed and paid within fourteen days; if complied with the Court would treat the application as the hearing, allow the appeal and grant unconditional leave to defend; if not, the application would be dismissed and existing orders would remain.

Court Disposition

Leave to appeal out of time granted conditionally; appeal to be treated as heard and allowed if condition complied with; unconditional leave to defend to be given if condition satisfied; if not satisfied application dismissed and existing orders stand.

Orders

  • Costs of this Court application, the High Court application and the garnishee proceedings to be taxed forthwith and paid within fourteen days of taxation
  • If the taxed costs are paid within fourteen days the Court grants leave to appeal out of time, treats this as the hearing of the appeal, allows the appeal and gives the Defendant unconditional leave to defend