11 Dec 2020
CHAU SAI HONG AND OTHERS v. CHENG STEPHEN SOHIM AND OTHERS
- Citation
- [2020] HKCFI 3064
- Court
- Court of First Instance
- Case number
- HCMP1556/2016
The court declined to approve the consent summons and refused the summary judgment and default judgment applications because (1) removal under s.42 cannot be ordered by consent without the court being satisfied of a proper factual foundation; (2) summary judgment is unsuitable where central allegations of forgery and dishonesty require trial; (3) the Plaintiffs' pleadings contain material inconsistencies casting doubt on title; and (4) the claim against defaulting defendants is non‑severable from disputed claims against other defendants, giving rise to triable issues that preclude judgment wi…