21 Jun 2022
MARK ALEXANDER SAUNDERSON v. JASON SWIN APOLINARIO
- Citation
- [2022] HKCFI 1844
- Court
- Court of First Instance
- Case number
- HCMP1077/2021
The evidence lodged raised substantial and non-frivolous issues of fact and law (alleged common intention, representations, detrimental reliance and competing accounts requiring assessment of credibility and corroboration) which could not be justly resolved on the summary Order 113 procedure; accordingly the court exercised its discretion under Order 28 Rule 8 to order the proceedings to continue as if begun by writ and dismissed the Plaintiff's appeal against the Master's order.