J. THOMSON ASSET INVESTMENT LTD v. LEE SING LEUNG, ROBIN

J. THOMSON ASSET INVESTMENT LTD v. LEE SING LEUNG, ROBIN

Defendant failed to demonstrate any reasonable triable issue under Order 14; liability under the Deed of Indemnity is established and the correct relief is interlocutory judgment with damages to be assessed; the defendant's counterclaim is too remote and is struck out; costs awarded to the plaintiff.

Citation
J. THOMSON ASSET INVESTMENT LTD v. LEE SING LEUNG, ROBIN
Parties
Plaintiff (hca 1890/2010); Defendant (hca 1023/2011): Lee Sing Leung, Robin; Defendant (hca 1890/2010): Luk Wing Kwong, Quintin; Plaintiff (hca 1023/2011): J. Thomson Asset Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 2012
Case Number
HCA1023/2011
Procedural Posture
Civil Summary Judgment Application Under Order 14 / Hearing of Cross Summonses; Summary Judgment Entered and Interlocutory Assessment of Damages Ordered
Outcome
Summary judgment entered for the plaintiff (J. Thomson Asset Investment Limited) against the defendant (Lee Sing Leung); interlocutory judgment for damages to be assessed; defendant's counterclaim struck out; costs awarded to the plaintiff (certificate for two counsel), to be taxed if not agreed.
Legal Topics
Summary Judgment, Deed of Indemnity, Damages Assessment, Counterclaim Striking Out, Costs
Source Language
EN
Civil Procedure Contract Equity Commercial Law Summary Judgment Deed of Indemnity Damages Assessment Counterclaim Striking Out +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lee Sing Leung, Robin

Plaintiff (hca 1890/2010); Defendant (hca 1023/2011)

Luk Wing Kwong, Quintin

Defendant (hca 1890/2010)

J. Thomson Asset Investment Limited

Plaintiff (hca 1023/2011)

Procedural Posture

Civil Summary Judgment Application Under Order 14 / Hearing of Cross Summonses; Summary Judgment Entered and Interlocutory Assessment of Damages Ordered

Legal Issues

  1. 1 Whether defendant raised reasonable triable issues to resist summary judgment under Order 14
  2. 2 Whether plaintiff is entitled to claim face value of the convertible bonds or only damages
  3. 3 Proper basis and date for assessment of damages

Ratio Decidendi

Defendant failed to demonstrate any reasonable triable issue under Order 14; liability under the Deed of Indemnity is established and the correct relief is interlocutory judgment with damages to be assessed; the defendant's counterclaim is too remote and is struck out; costs awarded to the plaintiff.

Court Disposition

Summary judgment entered for the plaintiff (J. Thomson Asset Investment Limited) against the defendant (Lee Sing Leung); interlocutory judgment for damages to be assessed; defendant's counterclaim struck out; costs awarded to the plaintiff (certificate for two counsel), to be taxed if not agreed.

Orders

  • Summary judgment entered for the plaintiff J. Thomson Asset Investment Limited against the defendant Lee Sing Leung in HCA 1023/2011
  • Interlocutory judgment: damages to be assessed in respect of loss under the Deed of Indemnity