Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 14 summary judgment test

Legal area

Court

15 Mar 2004

KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER

Citation

KINGDOM POWER DEVELOPMENT LTD v. DYNAMIC WISE TRADING LTD AND ANOTHER
Court

District Court
Case number

DCCJ5019/2003

The judge held that on the evidence and authorities there exists a clear triable issue as to whether the staircase area formed part of the demise under the tenancy agreements (i.e. whether the letters annexed were part of the tenancy). Because the defendants demonstrated a serious arguable case on document construction and contemporaneous transaction principles, summary judgment could not be entered and unconditional leave to defend was granted.
3 Dec 1999

ING BANK N.V. v. TSUI TSIN TONG

Citation

ING BANK N.V. v. TSUI TSIN TONG
Court

Court of First Instance
Case number

HCCL305/1998

The Court held that the Defendant failed to establish any real triable issue. The Debt Rescheduling Deed contains an express waiver of defences which prevents the Defendant relying on asserted illegality or unenforceability of antecedent transactions; the statutory and gambling arguments were unsustainable on the facts; the remaining defences (uncertainty, duress, failure to mitigate, misrepresentation) were unprovable or late and did not amount to bona fide triable issues. Summary judgment was therefore entered for the Plaintiff for the sum claimed with interest and costs.