WONG WAI LUNG AND ANOTHER v. BONFIELD DEVELOPMENT LTD AND ANOTHER

WONG WAI LUNG AND ANOTHER v. BONFIELD DEVELOPMENT LTD AND ANOTHER

Summary judgment and strike out were dismissed because plaintiffs had a prior live High Court action (creating an abuse of process) and failed to establish on the evidence a total failure of consideration or the factual basis for required Small House Policy declarations; amendment was allowed because defendants' change of legal view after authority (Li Pui Wan) justified amendment of the defence and counterclaim.

Citation
WONG WAI LUNG AND ANOTHER v. BONFIELD DEVELOPMENT LTD AND ANOTHER
Parties
Plaintiffs: WONG WAI LUNG & HO LAI HEUNG; 1st Defendant: BONFIELD DEVELOPMENT LIMITED; 2nd Defendant: LEE SZE HING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 May 2006
Case Number
DCCJ5617/2005
Procedural Posture
Civil District Court / Interlocutory Applications Decided (summary Judgment, Strike Out Counterclaim, Amendment of Defence and Counterclaim)
Outcome
Application for summary judgment dismissed; application to strike out the counterclaim dismissed; application to amend the defence and counterclaim granted in part (items 1 to 4). Costs order nisi made.
Legal Topics
Summary Judgment, Strike Out, Amendment of Pleadings, Failure of Consideration, Breach of Warranty, Small House Policy, Abuse of Process, Costs
Source Language
EN
Contract Civil Procedure Property Administrative Law Summary Judgment Strike Out Amendment of Pleadings Failure of Consideration +4 more

Case Brief

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Parties

WONG WAI LUNG & HO LAI HEUNG

Plaintiffs

BONFIELD DEVELOPMENT LIMITED

1st Defendant

LEE SZE HING

2nd Defendant

Procedural Posture

Civil District Court / Interlocutory Applications Decided (summary Judgment, Strike Out Counterclaim, Amendment of Defence and Counterclaim)

Legal Issues

  1. 1 Whether summary judgment was appropriate on ground of total failure of consideration and breach of warranty
  2. 2 Whether the counterclaim should be struck out
  3. 3 Whether the Defence and Counterclaim should be amended

Ratio Decidendi

Summary judgment and strike out were dismissed because plaintiffs had a prior live High Court action (creating an abuse of process) and failed to establish on the evidence a total failure of consideration or the factual basis for required Small House Policy declarations; amendment was allowed because defendants' change of legal view after authority (Li Pui Wan) justified amendment of the defence and counterclaim.

Court Disposition

Application for summary judgment dismissed; application to strike out the counterclaim dismissed; application to amend the defence and counterclaim granted in part (items 1 to 4). Costs order nisi made.

Orders

  • Application for summary judgment dismissed.
  • Application to strike out the counterclaim dismissed.