WONG CHUN PIU 及另五人 對 CHAN YU PIU

WONG CHUN PIU 及另五人 對 CHAN YU PIU

Defendant failed to raise any believable, arguable defence: the alleged gift did not establish legal title to the buildings; the signed lease constituted binding acceptance of plaintiffs' ownership; there was no acceptable evidence of duress or non est factum; the fresh affidavit filed on appeal was inadmissible; accordingly plaintiffs were entitled to summary judgment and the defendant's counterclaim was to be struck out.

Citation
WONG CHUN PIU 及另五人 對 CHAN YU PIU
Parties
Plaintiff: WONG CHUN PIU; Plaintiff: WONG CHUN FUNG; Plaintiff: WONG TAK WAI; Plaintiff: WONG CHI PING; Plaintiff: WONG KA PANG; Plaintiff: WONG KA KIT; Defendant: CHAN YU PIU
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 August 2017
Case Number
DCCJ4045/2016
Procedural Posture
Civil Appeal / Appeal Hearing and Judgment
Outcome
Appeal dismissed; Magistrate's judgment confirmed.
Legal Topics
Summary Judgment (order 14), Possession, Mesne Profits, Counterclaim Strike Out, Duress, Non Est Factum, Fresh Evidence on Appeal
Source Language
CH
Property Law Landlord and Tenant Civil Procedure Summary Judgment (order 14) Possession Mesne Profits Counterclaim Strike Out Duress +2 more

Case Brief

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Parties

WONG CHUN PIU

Plaintiff

WONG CHUN FUNG

Plaintiff

WONG TAK WAI

Plaintiff

WONG CHI PING

Plaintiff

WONG KA PANG

Plaintiff

WONG KA KIT

Plaintiff

CHAN YU PIU

Defendant

Procedural Posture

Civil Appeal / Appeal Hearing and Judgment

Legal Issues

  1. 1 Whether the plaintiffs established a prima facie case entitling them to summary judgment under Order 14
  2. 2 Whether the defendant raised an arguable defence (ownership, duress, non est factum, adverse possession)
  3. 3 Whether the defendant could rely on fresh affidavit filed on appeal

Ratio Decidendi

Defendant failed to raise any believable, arguable defence: the alleged gift did not establish legal title to the buildings; the signed lease constituted binding acceptance of plaintiffs' ownership; there was no acceptable evidence of duress or non est factum; the fresh affidavit filed on appeal was inadmissible; accordingly plaintiffs were entitled to summary judgment and the defendant's counterclaim was to be struck out.

Court Disposition

Appeal dismissed; Magistrate's judgment confirmed.

Orders

  • Confirm judgment below: grant summary judgment to plaintiffs and strike out defendant's counterclaim.
  • Defendant to deliver immediate vacant possession of the property to plaintiffs.