TAILY GROUP LTD. v. LEUNG PAK MING and Others

TAILY GROUP LTD. v. LEUNG PAK MING and Others

The third defendant was granted leave to defend because his misrepresentation defence was arguable and believable enough to require trial, but the defence was sufficiently shadowy to justify conditioning leave on payment into court of the judgment sum to protect the plaintiff's interests; court will fix time for payment.

Citation
TAILY GROUP LTD. v. LEUNG PAK MING and Others
Parties
Plaintiff: TAILY GROUP LIMITED; First Defendant: LEUNG PAK MING; Second Defendant: CHAN YIK SUEN; Third Defendant: WONG PUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 1996
Case Number
HCA9068/1995
Procedural Posture
Enforcement of Guarantee / Summary Judgment Application / Appeal From Master Cannon's Grant of Leave to Defend; High Court Hearing on Conditional Leave
Outcome
Appeal allowed in part; leave to defend granted subject to condition
Legal Topics
Summary Judgment, Leave to Defend, Misrepresentation, Economic Duress, Non Est Factum, Payment Into Court
Source Language
EN
Contract Guarantees Civil Procedure Equity Summary Judgment Leave to Defend Misrepresentation Economic Duress +2 more

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Parties

TAILY GROUP LIMITED

Plaintiff

LEUNG PAK MING

First Defendant

CHAN YIK SUEN

Second Defendant

WONG PUN

Third Defendant

Procedural Posture

Enforcement of Guarantee / Summary Judgment Application / Appeal From Master Cannon's Grant of Leave to Defend; High Court Hearing on Conditional Leave

Legal Issues

  1. 1 Whether the third defendant has a real prospect of defence based on misrepresentation
  2. 2 Whether leave to defend should be conditional and subject to payment into court
  3. 3 Whether alleged inability to read English and explanations given amount to special disability or misrepresentation

Ratio Decidendi

The third defendant was granted leave to defend because his misrepresentation defence was arguable and believable enough to require trial, but the defence was sufficiently shadowy to justify conditioning leave on payment into court of the judgment sum to protect the plaintiff's interests; court will fix time for payment.

Court Disposition

Appeal allowed in part; leave to defend granted subject to condition

Orders

  • Third Defendant's leave to defend is conditional on payment into court of $2,302,040.13
  • Court to hear counsel on the amount of time allowed for the Third Defendant to pay that sum into court