27 Feb 2019
JIANG, JIANXIN v. YIU, MING FUNG
- Citation
- [2019] HKCFI 528
- Court
- Court of First Instance
- Case number
- HCA2063/2017
The court held that summary judgment can only be founded on pleaded and verified facts; however, where the plaintiff uses evidence to refute allegations raised in the defence rather than to assert an inconsistent case, reliance on those factual matters is permissible and does not amount to basing the application on facts outside the plaintiff's pleaded case.