CHINA SENSE INTERNATIONAL LTD. AND OTHERS v. LEUNG HOI AND ANOTHER

CHINA SENSE INTERNATIONAL LTD. AND OTHERS v. LEUNG HOI AND ANOTHER

Permission to file further evidence refused; defendants' non est factum plea had no realistic prospect of success; alleged assurance by Chiang was not shown to be made by an agent for plaintiffs, contradicted the written agreement (clause 13) and lacked the clear and unequivocal proof required for a collateral contract; therefore plaintiffs were entitled to summary judgment against the defendants for the claimed stamp duty.

Citation
CHINA SENSE INTERNATIONAL LTD. AND OTHERS v. LEUNG HOI AND ANOTHER
Parties
1st Plaintiff: China Sense International Limited; 2nd Plaintiff: Eagle Lane Investment Limited; 3rd Plaintiff: Happy Respect Investment Limited; 1st Defendant: Leung Hoi; 2nd Defendant: Leung Yeung Lai Ling
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 1999
Case Number
HCA1426/1999
Procedural Posture
Contract (sale of Shares) Indemnity for Stamp Duty; Summary Judgment Application Under Order 14 RSC / Judgment on Summary Judgment Application (in Chambers)
Outcome
Application to file further evidence refused; summary judgment granted in favour of China Sense International Limited and Eagle Lane Investment Limited against Leung Hoi and Leung Yeung Lai Ling for the claimed stamp duty
Legal Topics
Summary Judgment, Collateral Contract, Parol Evidence/entire Agreement Clause, Non Est Factum, Indemnity Clause
Source Language
EN
Contract Civil Procedure Agency Tax (stamp Duty) Summary Judgment Collateral Contract Parol Evidence/entire Agreement Clause Non Est Factum +1 more

Case Brief

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Parties

China Sense International Limited

1st Plaintiff

Eagle Lane Investment Limited

2nd Plaintiff

Happy Respect Investment Limited

3rd Plaintiff

Leung Hoi

1st Defendant

Leung Yeung Lai Ling

2nd Defendant

Procedural Posture

Contract (sale of Shares) Indemnity for Stamp Duty; Summary Judgment Application Under Order 14 RSC / Judgment on Summary Judgment Application (in Chambers)

Legal Issues

  1. 1 Whether defendants should be permitted to file further evidence at a late stage
  2. 2 Whether defendants' plea of non est factum has a realistic prospect of success
  3. 3 Whether an alleged oral assurance by Chiang gave rise to a collateral contract overriding the written agreement

Ratio Decidendi

Permission to file further evidence refused; defendants' non est factum plea had no realistic prospect of success; alleged assurance by Chiang was not shown to be made by an agent for plaintiffs, contradicted the written agreement (clause 13) and lacked the clear and unequivocal proof required for a collateral contract; therefore plaintiffs were entitled to summary judgment against the defendants for the claimed stamp duty.

Court Disposition

Application to file further evidence refused; summary judgment granted in favour of China Sense International Limited and Eagle Lane Investment Limited against Leung Hoi and Leung Yeung Lai Ling for the claimed stamp duty

Orders

  • Defendants' application to file further evidence refused
  • Summary judgment for China Sense International Limited and Eagle Lane Investment Limited against Leung Hoi and Leung Yeung Lai Ling for HK$225,038.50 as damages for breach of clause 8 of the Agreement