Troopers Securities Ltd. v. Tamang Sureshkumar Steven

Defendant's duress defence and account of events were contradictory and unbelievable; no triable issue or bona fide defence established; summary judgment was appropriate for the outstanding sum with interest and costs.

Citation: Troopers Securities Ltd. v. Tamang Sureshkumar Steven
Parties: Plaintiff: Troopers Securities Ltd; Defendant: Tamang Sureshkumar Steven
Court: District Court
Jurisdiction: Hong Kong
Judgment Date: 3 December 2001
Case Number: DCCJ14015/2001
Procedural Posture: Debt Claim (promissory Note) / Order 14 Summons for Judgment (summary Judgment Application)
Outcome: Judgment for the Plaintiff for $86,631.67 with interest and costs.
Legal Topics: Promissory Note, Summary Judgment (order 14), Duress, Debt Recovery, Interest
Source Language: EN

Contract Civil Procedure Commercial Law Promissory Note Summary Judgment (order 14) Duress Debt Recovery Interest

Case Brief

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Parties

Troopers Securities Ltd

Plaintiff

Tamang Sureshkumar Steven

Defendant

Procedural Posture

Debt Claim (promissory Note) / Order 14 Summons for Judgment (summary Judgment Application)

Legal Issues

1 Whether there is a triable issue to defeat an Order 14 application
2 Whether the defendant has a real or bona fide defence of duress
3 Whether conflicting statements by the defendant render his defence unbelievable

Ratio Decidendi

Court Disposition

Judgment for the Plaintiff for $86,631.67 with interest and costs.

Orders

Judgment entered for the Plaintiff for the sum of $86,631.67.
Interest from date of writ of summons until judgment at 10.86% per annum and thereafter at judgment rate until payment.