CHOW SIU YING AND ANOTHER v. WAN LUEN TUNG

CHOW SIU YING AND ANOTHER v. WAN LUEN TUNG

The court dismissed the plaintiffs' application for summary judgment because the defendant had raised a bona fide triable issue concerning the terms of repayment of the loan (an alleged oral agreement to repay on sale of the property) and the credibility and explanation of pleadings could not be resolved without a trial.

Citation
[2021] HKDC 1382
Parties
1st Plaintiff: CHOW SIU YING; 2nd Plaintiff: YEUNG MAN YIN; Defendant: WAN LUEN TUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 September 2021
Case Number
DCCJ6597/2020
Procedural Posture
Civil Action (debt/loan) / Summary Judgment Application Hearing
Outcome
1st and 2nd plaintiffs' application for summary judgment dismissed
Legal Topics
Summary Judgment, Oral Loan Agreement, Repayment Terms, Bona Fide Defence
Source Language
EN
Civil Procedure Contract Debt Recovery Summary Judgment Oral Loan Agreement Repayment Terms Bona Fide Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CHOW SIU YING

1st Plaintiff

YEUNG MAN YIN

2nd Plaintiff

WAN LUEN TUNG

Defendant

Procedural Posture

Civil Action (debt/loan) / Summary Judgment Application Hearing

Legal Issues

  1. 1 Whether the defendant has shown triable issues or a real/bona fide defence to defeat summary judgment
  2. 2 Whether an alleged oral agreement that repayment is payable on sale of property is credible and creates a triable issue
  3. 3 Whether failure to plead the oral agreement in original defence is fatal at summary judgment

Ratio Decidendi

The court dismissed the plaintiffs' application for summary judgment because the defendant had raised a bona fide triable issue concerning the terms of repayment of the loan (an alleged oral agreement to repay on sale of the property) and the credibility and explanation of pleadings could not be resolved without a trial.

Court Disposition

1st and 2nd plaintiffs' application for summary judgment dismissed

Orders

  • Application dismissed
  • Costs of and occasioned by this application to the defendant summarily assessed at HK$70,000 inclusive of counsel's brief of HK$40,000 payable forthwith