Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 14 test

  • 20 Dec 1999

    WELLCHERRY LTD. v. GENTLETEEM LTD.

    Citation
    WELLCHERRY LTD. v. GENTLETEEM LTD.
    Court
    Court of First Instance
    Case number
    HCA16429/1998

    The court held that the allegations of duress and undue influence were not established and thus insufficiently credible, but the defendant raised a genuine triable issue on the question of Mr Shum's authority and whether the agreement was signed subject to board approval as evidenced by the second affirmation and contemporaneous letters; accordingly summary judgment was inappropriate and must be set aside to allow a full trial on the question of authority and ratification.

  • 23 Jun 1992

    WIAK FAR EAST LTD v. LANA FASHIONWEAR CO LTD

    Citation
    WIAK FAR EAST LTD v. LANA FASHIONWEAR CO LTD
    Court
    Court of First Instance
    Case number
    HCA5153/1991

    The appeal is dismissed in respect of liability because the defendants failed to show any triable issue under Order 14: the compromise agreement of 28 February 1991 was binding, the evidence (including SGS sampling and contemporaneous acknowledgements) established that the goods were defective and returned under the agreement, and the defendants' oral or implied term arguments conflict with the written agreement and are untenable; accordingly the Master's summary judgment (paragraph A) is affirmed while paragraph B is set aside.