TOPPAN PRINTING CO. (H.K.) LTD. v. CINEASTE INTERNATIONAL LTD. AND ANOTHER

TOPPAN PRINTING CO. (H.K.) LTD. v. CINEASTE INTERNATIONAL LTD. AND ANOTHER

The 2nd defendant's allegations of misrepresentation and undue influence were unsupported and commercially implausible in light of contemporaneous documents and prior conduct; therefore no triable issue existed and summary judgment for the plaintiff was proper, with costs on the indemnity basis provided in the deed.

Citation
TOPPAN PRINTING CO. (H.K.) LTD. v. CINEASTE INTERNATIONAL LTD. AND ANOTHER
Parties
Plaintiff: Toppan Printing Co. (H.K.) Ltd.; 1st Defendant: Cineaste International Ltd.; 2nd Defendant: Wong Kwong Biu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 May 2002
Case Number
HCA4123/2001
Procedural Posture
Contract/guarantee (commercial Debt) / Appeal Against Summary Judgment (court of First Instance)
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment, Personal Guarantee, Misrepresentation, Undue Influence, Rescission, Costs on Indemnity Basis
Source Language
EN
Contract Guarantee Commercial Law Civil Procedure Equity Summary Judgment Personal Guarantee Misrepresentation +3 more

Case Brief

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Parties

Toppan Printing Co. (H.K.) Ltd.

Plaintiff

Cineaste International Ltd.

1st Defendant

Wong Kwong Biu

2nd Defendant

Procedural Posture

Contract/guarantee (commercial Debt) / Appeal Against Summary Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2nd defendant raised a triable issue of misrepresentation to resist summary judgment
  2. 2 Whether the 2nd defendant raised a triable issue of undue influence to rescind the deed
  3. 3 Whether the 2nd Deed is enforceable as a continuing guarantee

Ratio Decidendi

The 2nd defendant's allegations of misrepresentation and undue influence were unsupported and commercially implausible in light of contemporaneous documents and prior conduct; therefore no triable issue existed and summary judgment for the plaintiff was proper, with costs on the indemnity basis provided in the deed.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Summary judgment for the plaintiff for HK$6,612,954.40 with interest and costs (as entered by the Master)
  • Default judgment maintained against the 1st defendant, Cineaste International Ltd.