WOO WAI MAN v. METRO ALLIANCE LTD

WOO WAI MAN v. METRO ALLIANCE LTD

Leave to withdraw the summons was granted because the defendant's affirmation raised triable issues; there was no change in circumstances to excuse the plaintiff's premature summons, and accordingly the court ordered that the costs of the summons filed 2 November 2007 and the costs occasioned by the withdrawal shall be costs to the defendant.

Citation
WOO WAI MAN v. METRO ALLIANCE LTD
Parties
Plaintiff: Unidentified Plaintiff; Defendant: Unidentified Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 January 2008
Case Number
HCA1965/2007
Procedural Posture
Civil Summary Judgment (order 14) / Chambers Application to Withdraw Summons
Outcome
Leave granted to plaintiff to withdraw the summons; costs awarded to the defendant.
Legal Topics
Summary Judgment, Withdrawal of Summons, Costs, Triable Issues, Order 14, Packaging Distinctiveness
Source Language
EN
Civil Procedure Intellectual Property Summary Judgment Withdrawal of Summons Costs Triable Issues Order 14 Packaging Distinctiveness

Case Brief

Summary, issues, holding and outcome

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Parties

Unidentified Plaintiff

Plaintiff

Unidentified Defendant

Defendant

Procedural Posture

Civil Summary Judgment (order 14) / Chambers Application to Withdraw Summons

Legal Issues

  1. 1 Whether the plaintiff should be permitted to withdraw the summons for summary judgment
  2. 2 Whether defendant's evidence raised triable issues sufficient to defeat summary judgment
  3. 3 What costs order should follow on withdrawal of the summons

Ratio Decidendi

Leave to withdraw the summons was granted because the defendant's affirmation raised triable issues; there was no change in circumstances to excuse the plaintiff's premature summons, and accordingly the court ordered that the costs of the summons filed 2 November 2007 and the costs occasioned by the withdrawal shall be costs to the defendant.

Court Disposition

Leave granted to plaintiff to withdraw the summons; costs awarded to the defendant.

Orders

  • Leave granted to the plaintiff to withdraw the summons filed on 2 November 2007
  • The costs of the summons filed on 2 November 2007 and the costs occasioned by the withdrawal shall be costs to the defendant