15 Sept 2022
INDUSTRIAL AND COMMERCIAL BANK OF CHINA (ASIA) LTD v. TSE CHING
- Citation
- [2022] HKCA 1342
- Court
- Court of Appeal
- Case number
- CACV479/2021
The judge erred in principle by converting the originating summons to writ proceedings on the basis that conversion would merely permit the plaintiff to pursue summary judgment thereafter; that reasoning was not a sound basis for conversion and the judge failed properly to consider whether substantial factual disputes made the originating summons unsuitable and whether the Plaintiff's opposition was reasonable; consequently costs should follow the successful applicant because the Plaintiff unreasonably resisted conversion.