KINGSTON SECURITIES LTD. AND ANOTHER v. AU HON MAN DAVID

KINGSTON SECURITIES LTD. AND ANOTHER v. AU HON MAN DAVID

There was no defence to the plaintiff's claim for the moneys standing to his credit in his account with Kingston Finance Limited; accordingly judgment was entered for the plaintiff against KFL, but execution of that judgment was stayed pending trial of any counterclaim by KSL or KFL, with costs of the summary judgment application to be costs in the cause.

Citation
KINGSTON SECURITIES LTD. AND ANOTHER v. AU HON MAN DAVID
Parties
1st Plaintiff (hca 10407/1998): KINGSTON SECURITIES LIMITED; 2nd Plaintiff (hca 10407/1998) and Defendant (hca 17120/1998): KINGSTON FINANCE LIMITED; Defendant (hca 10407/1998) and Plaintiff (hca 17120/1998): DAVID AU HON MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 1999
Case Number
HCA10407/1998
Procedural Posture
Civil Appeal / Judgment on Appeal (decision Delivered in Chambers)
Outcome
Appeal allowed in part; judgment for plaintiff against Kingston Finance Limited for monies standing to his credit; execution stayed pending trial of counterclaim; various procedural applications disposed of.
Legal Topics
Summary Judgment, Leave to Defend, Set Off, Stay of Execution, Striking Out, Consolidation, Costs in the Cause, Service of Notice of Appeal Out of Time
Source Language
EN
Civil Procedure Contract Set Off Costs Consolidation Summary Judgment Leave to Defend Stay of Execution +3 more

Case Brief

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Parties

KINGSTON SECURITIES LIMITED

1st Plaintiff (hca 10407/1998)

KINGSTON FINANCE LIMITED

2nd Plaintiff (hca 10407/1998) and Defendant (hca 17120/1998)

DAVID AU HON MAN

Defendant (hca 10407/1998) and Plaintiff (hca 17120/1998)

Procedural Posture

Civil Appeal / Judgment on Appeal (decision Delivered in Chambers)

Legal Issues

  1. 1 Whether the master erred in granting unconditional leave to defend
  2. 2 Whether Kingston Finance Limited is entitled to set-off losses against the plaintiff's claim
  3. 3 Whether there is any defence to the sums standing to the plaintiff's credit in his account with KFL

Ratio Decidendi

There was no defence to the plaintiff's claim for the moneys standing to his credit in his account with Kingston Finance Limited; accordingly judgment was entered for the plaintiff against KFL, but execution of that judgment was stayed pending trial of any counterclaim by KSL or KFL, with costs of the summary judgment application to be costs in the cause.

Court Disposition

Appeal allowed in part; judgment for plaintiff against Kingston Finance Limited for monies standing to his credit; execution stayed pending trial of counterclaim; various procedural applications disposed of.

Orders

  • Give judgment for the plaintiff against Kingston Finance Limited for the moneys standing to his credit in his account with KFL.
  • Stay execution of that judgment pending the trial of any counterclaim by Kingston Securities Limited or Kingston Finance Limited.