YIP CHI SAN v. CHUEN KONG DRIVING SCHOOL LTD AND OTHERS

YIP CHI SAN v. CHUEN KONG DRIVING SCHOOL LTD AND OTHERS

Summary judgment entered for the plaintiff against CKDSL, CVLL and Ng because the contractual documents fixed completion dates which were not met, the defendants produced no credible evidence of a bona fide defence or of having paid over funds to principals, and therefore Ng, as the recipient, is liable for money had and received; whether Ng is personally liable under the handwritten Undertaking remains a triable issue and was not decided in the plaintiff's favour.

Citation
YIP CHI SAN v. CHUEN KONG DRIVING SCHOOL LTD AND OTHERS
Parties
Plaintiff: Yip Chi San; 1st Defendant: Chuen Kong Driving School Limited; 2nd Defendant: Chinese Vehicle License Limited; 3rd Defendant: Ng Wai Lun; 4th Defendant: Leung On Ni
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 November 2013
Case Number
DCCJ792/2013
Procedural Posture
Civil Action (contract and Restitution) / Summary Judgment Application Under Order 14 (hearing and Judgment)
Outcome
Summary judgment granted for the plaintiff against 1st, 2nd and 3rd defendants (CKDSL, CVLL and Ng Wai Lun) in favour of the plaintiff
Legal Topics
Summary Judgment, Money Had and Received, Payment Over Defence, Personal Liability of Directors, Repudiation and Refund
Source Language
EN
Contract Restitution/unjust Enrichment Civil Procedure Agency Summary Judgment Money Had and Received Payment Over Defence Personal Liability of Directors +1 more

Case Brief

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Parties

Yip Chi San

Plaintiff

Chuen Kong Driving School Limited

1st Defendant

Chinese Vehicle License Limited

2nd Defendant

Ng Wai Lun

3rd Defendant

Leung On Ni

4th Defendant

Procedural Posture

Civil Action (contract and Restitution) / Summary Judgment Application Under Order 14 (hearing and Judgment)

Legal Issues

  1. 1 Whether defendants liable to refund payments under contract and on restitution (money had and received)
  2. 2 Whether director Ng is personally liable under the handwritten Undertaking
  3. 3 Whether Ng, as payee/agent, can avail himself of the 'payment over' defence by proving he paid monies to the principals

Ratio Decidendi

Summary judgment entered for the plaintiff against CKDSL, CVLL and Ng because the contractual documents fixed completion dates which were not met, the defendants produced no credible evidence of a bona fide defence or of having paid over funds to principals, and therefore Ng, as the recipient, is liable for money had and received; whether Ng is personally liable under the handwritten Undertaking remains a triable issue and was not decided in the plaintiff's favour.

Court Disposition

Summary judgment granted for the plaintiff against 1st, 2nd and 3rd defendants (CKDSL, CVLL and Ng Wai Lun) in favour of the plaintiff

Orders

  • Judgment entered for plaintiff for RMB 100000 and HKD 652000
  • Costs to follow the event, to be taxed if not agreed