TIMES-RINGIER (HK) LTD. v. TIN TIN PUBLICATION DEVELOPMENT LTD. AND OTHERS
The judge held the 4th defendant failed to demonstrate any triable issue or inability to verify the $1.5 million item given the plaintiff's production of invoices and correspondence and the 4th defendant's position as director with access to records; therefore the summary judgment was correctly entered and the appeal was dismissed.
- Citation
- TIMES-RINGIER (HK) LTD. v. TIN TIN PUBLICATION DEVELOPMENT LTD. AND OTHERS
- Parties
- Plaintiff: Times-Ringier (HK) Limited; 1st Defendant: Tin Tin Publication Development Ltd; 2nd Defendant: Televerse International Ltd; 3rd Defendant: Lau Shun-Chi, Benjamin; 4th Defendant: Woo Kwok-Hang, Henry
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 28 August 2001
- Case Number
- HCA1370/2001
- Procedural Posture
- Civil Action Summary Judgment and Guarantor Liability / Appeal From Summary Judgment (court of First Instance Hearing)
- Outcome
- Appeal dismissed; summary judgment and interlocutory judgment of the Master affirmed.
- Legal Topics
- Summary Judgment, Guarantee, Assignment, Accounting, Director Liability, Discovery/inspection
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Times-Ringier (HK) Limited
Plaintiff
Tin Tin Publication Development Ltd
1st Defendant
Televerse International Ltd
2nd Defendant
Lau Shun-Chi, Benjamin
3rd Defendant
Woo Kwok-Hang, Henry
4th Defendant
Procedural Posture
Civil Action Summary Judgment and Guarantor Liability / Appeal From Summary Judgment (court of First Instance Hearing)
Legal Issues
- 1 Whether the appeal should succeed to defeat summary judgment for the $1.5 million item
- 2 Whether the 4th defendant as guarantor was liable given default by the 1st defendant
- 3 Whether plaintiff had failed to account for assigned debts and payments
Ratio Decidendi
The judge held the 4th defendant failed to demonstrate any triable issue or inability to verify the $1.5 million item given the plaintiff's production of invoices and correspondence and the 4th defendant's position as director with access to records; therefore the summary judgment was correctly entered and the appeal was dismissed.
Court Disposition
Appeal dismissed; summary judgment and interlocutory judgment of the Master affirmed.
Orders
- Appeal dismissed.
- Master's summary judgment for $7,667,636 with interest is affirmed.
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