XU LIAN GUO AND ANOTHER v. KWOK MING FAI AND OTHERS

XU LIAN GUO AND ANOTHER v. KWOK MING FAI AND OTHERS

Application dismissed because P1 demonstrated long and undue delay without adequate explanation, failed to show real prospect of success on the merits, and allowing the application would cause grave prejudice to D4 given non-compliance with prior court order.

Citation
XU LIAN GUO AND ANOTHER v. KWOK MING FAI AND OTHERS
Parties
1st Plaintiff: XU LIAN GUO; 2nd Plaintiff: XU LIAN KUAN; 1st Defendant: KWOK MING FAI; 2nd Defendant: SUN KA ZIANG HENRY; 3rd Defendant: FU YAN MING; 4th Defendant: ZHONGDA INTERNATIONAL HOLDINGS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2017
Case Number
HCA1710/2011
Procedural Posture
Civil Action Application to Set Aside Summary Judgment / Hearing and Decision on Setting Aside Application (summary Judgment Previously Entered)
Outcome
Setting aside application dismissed; application for stay of execution dismissed; costs awarded to 4th defendant
Legal Topics
Summary Judgment, Setting Aside Judgment, Service, Contempt, Ownership of Fund, Enforcement Proceedings, Prejudice, Stay of Execution, Costs
Source Language
EN
Civil Procedure Company Law Enforcement Summary Judgment Setting Aside Judgment Service Contempt Ownership of Fund +4 more

Case Brief

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Parties

XU LIAN GUO

1st Plaintiff

XU LIAN KUAN

2nd Plaintiff

KWOK MING FAI

1st Defendant

SUN KA ZIANG HENRY

2nd Defendant

FU YAN MING

3rd Defendant

ZHONGDA INTERNATIONAL HOLDINGS LIMITED

4th Defendant

Procedural Posture

Civil Action Application to Set Aside Summary Judgment / Hearing and Decision on Setting Aside Application (summary Judgment Previously Entered)

Legal Issues

  1. 1 Whether the summary judgment should be set aside
  2. 2 Whether applicant demonstrated good reason for long delay
  3. 3 Whether applicant has a real prospect of success on the merits

Ratio Decidendi

Application dismissed because P1 demonstrated long and undue delay without adequate explanation, failed to show real prospect of success on the merits, and allowing the application would cause grave prejudice to D4 given non-compliance with prior court order.

Court Disposition

Setting aside application dismissed; application for stay of execution dismissed; costs awarded to 4th defendant

Orders

  • Dismissed the 1st plaintiff's summons issued 21 September 2016
  • Dismissed the application for stay of execution