WONG WAI LUN AND ANOTHER v. TAM LUEN WAI

WONG WAI LUN AND ANOTHER v. TAM LUEN WAI

The defendant's denials and alternative agency plea were unsupported by credible evidence and amounted to mere assertions; the evidence of the plaintiffs and former assistant operation manager Cheung was credible, the defendant's alleged standard practices were disbelieved, and no evidence negated personal liability as agent; accordingly plaintiffs were entitled to summary judgment for the proven sum and defendant was given unconditional leave to defend only as to the specific disputed $8,500.

Citation
WONG WAI LUN AND ANOTHER v. TAM LUEN WAI
Parties
1st Plaintiff: WONG WAI LUN; 2nd Plaintiff: WONG HOU KWUN; Defendant: TAM LUEN WAI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 December 2005
Case Number
DCCJ6826/2003
Procedural Posture
Civil Debt/contract Action / Summary Judgment Application and Judgment at First Instance
Outcome
Judgment for plaintiffs for HKD 178,063 with interest at judgment rate from date of writ until payment; unconditional leave to defend in respect of HKD 8,500; costs to plaintiffs (costs order nisi) including reserved costs with certificate for counsel.
Legal Topics
Summary Judgment, Authority of Agent, Authenticity of Documents, Leave to Defend, Credibility of Witnesses, Costs
Source Language
EN
Contract Civil Procedure Agency Debt Recovery Summary Judgment Authority of Agent Authenticity of Documents Leave to Defend +2 more

Case Brief

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Parties

WONG WAI LUN

1st Plaintiff

WONG HOU KWUN

2nd Plaintiff

TAM LUEN WAI

Defendant

Procedural Posture

Civil Debt/contract Action / Summary Judgment Application and Judgment at First Instance

Legal Issues

  1. 1 Whether the work was performed and materials supplied as invoiced
  2. 2 Whether the disputed invoices and maintenance contract are authentic and attributable to the defendant
  3. 3 Whether the defendant acted only as agent for disclosed principals thereby avoiding personal liability

Ratio Decidendi

The defendant's denials and alternative agency plea were unsupported by credible evidence and amounted to mere assertions; the evidence of the plaintiffs and former assistant operation manager Cheung was credible, the defendant's alleged standard practices were disbelieved, and no evidence negated personal liability as agent; accordingly plaintiffs were entitled to summary judgment for the proven sum and defendant was given unconditional leave to defend only as to the specific disputed $8,500.

Court Disposition

Judgment for plaintiffs for HKD 178,063 with interest at judgment rate from date of writ until payment; unconditional leave to defend in respect of HKD 8,500; costs to plaintiffs (costs order nisi) including reserved costs with certificate for counsel.

Orders

  • Judgment for plaintiffs in the sum of HKD 178063
  • Interest at judgment rate from the date of the writ until payment