Hong Kong Case Law: Decisions & Judgments

Topic

Onus to show triable issue

Legal area

Court

30 Sept 2009

INTEGRATED CAPITAL (ASIA) LTD v. CHAN TAT CHEE

Citation

INTEGRATED CAPITAL (ASIA) LTD v. CHAN TAT CHEE
Court

Court of First Instance
Case number

HCA403/2009

The defendant failed to raise a triable issue to defeat summary judgment: he did not particularise the alleged trust or produce evidence that CSCP shares were ever registered in Yam's name or that any set-off occurred; his assertions were found unbelievable; the plaintiff had prima facie authority to complete and present the cheque under s.20(1) Bills of Exchange Ordinance; accordingly summary judgment for the plaintiff was properly entered and the appeal was dismissed.
11 Dec 1989

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD. AND OTHERS

Citation

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV85/1989

The defendants failed to discharge the threshold onus under Order 14 r 3: their averred oral moratorium was contradicted and undermined by contemporaneous written communications and their conduct (including requests for cash flows, failure to provide undertaking to keep interest current, later repudiatory memorandum and tactical litigation conduct), so there was no fair or reasonable probability of a real defence; summary judgments were therefore properly entered; judgment against Lawful (Holdings) Limited must be qualified to trustee-only liability and limited to trust assets with appropriat…
11 Dec 1989

BANK OF INDIA v. BHAGWANDAS KEWALERAM MURJANI AND OTHERS

Citation

BANK OF INDIA v. BHAGWANDAS KEWALERAM MURJANI AND OTHERS
Court

Court of Appeal
Case number

CACV84/1989

The Court held the defendants failed to discharge the threshold onus under Order 14 r 3 because the asserted moratorium agreement was not credible in light of contemporaneous documents and the parties' conduct (payment of US$3.8m expressly linked to release of mortgaged properties and repeated requests for cash flows/repayment plans). Summary judgments were properly entered. The judgment against Lawful (Holdings) Ltd must be qualified to reflect its contractual limitation of liability as trustee to trust assets and accompanied by appropriate accounts/enquiries.
11 Dec 1989

BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS

Citation

BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS
Court

Court of Appeal
Case number

CACV94/1989

On the balance of probabilities the judge correctly rejected the asserted oral moratorium because contemporaneous documents and parties' conduct showed the US$3.8m was paid for release of mortgaged properties and no separate consideration or clear term supporting a moratorium existed; therefore no triable issue under O 14 r 3 was established and summary judgments were properly entered; Lawful (Holdings) Ltd's judgment must be qualified to limit liability qua trustee to trust assets.

Hong Kong Case Law

INTEGRATED CAPITAL (ASIA) LTD v. CHAN TAT CHEE

BANK OF INDIA v. MURJANI INDUSTRIES (HK) LTD. AND OTHERS

BANK OF INDIA v. BHAGWANDAS KEWALERAM MURJANI AND OTHERS

BANK OF INDIA v. BHAGWANDAS KEWALRAM MURJANI AND OTHERS