WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS

WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS

The late affirmation by the defendant was not received; on the evidence the 1st defendant has the means to satisfy a substantial financial condition, and leave to defend was granted only on condition that he pays HK$600,000 into court within 28 days; the costs of this adjourned hearing are the plaintiff's costs in the cause; if the condition is not complied with the plaintiff may enter final judgment for the sums claimed.

Citation
WING LUNG FINANCE LTD v. CHENG HO YIN AND OTHERS
Parties
Plaintiff: WING LUNG FINANCE LIMITED; 1st Defendant: CHENG HO YIN; 2nd Defendant: CHENG SHU KI; 3rd Defendant: LEE SHUNG KEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 August 2009
Case Number
HCA1494/2008
Procedural Posture
Action No. 1494 of 2008 Summary Judgment / Order 14 Application / Resumed Hearing to Determine Conditions for Leave to Defend
Outcome
Leave to the 1st defendant to defend granted conditional on payment into court of HK$600,000 within 28 days; late affirmation not received; costs of this hearing to be the plaintiff's costs in the cause; plaintiff may enter final judgment if condition not complied with.
Legal Topics
Summary Judgment, Leave to Defend, Security for Costs, Payment Into Court, Costs
Source Language
EN
Civil Procedure Debt Recovery Property Law Summary Judgment Leave to Defend Security for Costs Payment Into Court Costs

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Parties

WING LUNG FINANCE LIMITED

Plaintiff

CHENG HO YIN

1st Defendant

CHENG SHU KI

2nd Defendant

LEE SHUNG KEE

3rd Defendant

Procedural Posture

Action No. 1494 of 2008 Summary Judgment / Order 14 Application / Resumed Hearing to Determine Conditions for Leave to Defend

Legal Issues

  1. 1 Whether a late affirmation should be received
  2. 2 What financial condition to impose for leave to defend
  3. 3 Whether the 1st defendant has sufficient means to meet a condition

Ratio Decidendi

The late affirmation by the defendant was not received; on the evidence the 1st defendant has the means to satisfy a substantial financial condition, and leave to defend was granted only on condition that he pays HK$600,000 into court within 28 days; the costs of this adjourned hearing are the plaintiff's costs in the cause; if the condition is not complied with the plaintiff may enter final judgment for the sums claimed.

Court Disposition

Leave to the 1st defendant to defend granted conditional on payment into court of HK$600,000 within 28 days; late affirmation not received; costs of this hearing to be the plaintiff's costs in the cause; plaintiff may enter final judgment if condition not complied with.

Orders

  • Affirmation of Wong Kam Mun not received
  • Leave to the 1st defendant to defend the action on condition that he pays into court the sum of HK$600,000 within 28 days from the date of this order