Hong Kong Case Law: Decisions & Judgments

Topic

Summary judgment principles

Legal area

Court

12 Aug 2022

GRADE ONE LTD AND OTHERS v. CHOW CHIN YUI, ANGELA AND OTHERS

Citation

[2022] HKCFI 2328
Court

Court of First Instance
Case number

HCA494/2021

The court found plaintiffs' misrepresentation defences (non-enforcement promises, Fund Performance, US$10M/Fund IV commitments) not credible or insufficiently particularised and dismissed the application to admit further evidence; summary judgment was entered for CMS on its counterclaim under the Supplemental Deed and for CAM on the Facility Agreement to the extent relating to the Henter Loan. However, because an arguable triable issue existed as to whether the Cachet Loan under the Share Pledge involved unlicensed moneylending and could taint the Facility Agreement, plaintiffs were granted u…
31 May 2018

ASJID HUSSAIN v. OPUS ENGINEERING LTD AND ANOTHER

Citation

[2018] HKDC 626
Court

District Court
Case number

DCEC1552/2017

The applicant failed to show on the materials before the court that he would obtain judgment at trial because there is a serious core factual dispute about whether the accident occurred and the respondents have raised an arguable defence; the dispute cannot be resolved on paper and requires oral evidence and cross-examination, therefore the threshold in Order 29 r 11(1)(c) RDC is not met and the interim payment application is dismissed.
17 Apr 2018

DACHENG INTERNATIONAL LEGAL SERVICES LTD AND ANOTHER v. YEUK LUNG BENEDICT AND ANOTHER

Citation

[2018] HKCFI 780
Court

Court of First Instance
Case number

HCA2409/2015

The court found the plaintiffs established goodwill in Hong Kong in the DACHENG name and that the defendants' continued use amounted to passing off; accordingly plaintiffs succeed on their passing off claim. However, there are genuine disputes of fact about the 2014 transfer and the validity/authority behind it such that summary judgment cannot be given on the unlawful transfer and trade mark infringement claims; those issues must proceed to trial if pursued. The court therefore made orders in the terms of the plaintiffs' revised draft order excluding trade mark infringement claims and made a…
30 Dec 2010

HOLLYWOOD PALACE CO LTD v. TRANS-GLOBAL HONG KONG INVESTMENT LTD AND ANOTHER

Citation

HOLLYWOOD PALACE CO LTD v. TRANS-GLOBAL HONG KONG INVESTMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP151/2010

The court found the 1st Defendant's defence to be shadowy: there was no satisfactory evidence that Advance China acted as the Plaintiff's agent, the Tenancy Agreement was not shown to be a sham, and no irrevocable licence or estoppel was made out; given the high test for interim payment and the risk that the 1st Defendant may be unable to satisfy a judgment, it was sensible and desirable to order interim payment of mesne profits of HK$6,500,000 (HK$500,000 per month for 13 months) and ongoing monthly interim payments of HK$500,000 until possession or further order.
22 Dec 2008

OVERSEAS ADVISORY INC. v. GENERAL ULTRASOUND TECHNOLOGY LTD

Citation

OVERSEAS ADVISORY INC. v. GENERAL ULTRASOUND TECHNOLOGY LTD
Court

District Court
Case number

DCCJ370/2008

The Defendants failed to adduce potentially credible evidence carrying a degree of conviction that the consultancy fees had been paid in full or that the Business Consultancy Agreement imposed personal obligations on Liu; consequently they did not demonstrate a defence with a real prospect of success and the appeal to set aside the regular default judgment is dismissed.
11 Aug 1999

HWANG YIU HWA v. ELTONES PROFITS LTD AND OTHERS

Citation

HWANG YIU HWA v. ELTONES PROFITS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA14261/1998

The court held the Note imposed an unconditional obligation to redeem on the stated Maturity Date (31 July 1998) and the guarantors' covenant to pay 'forthwith on demand' was triggered by the valid demand; the defendants' defences were meritless and summary judgment for the plaintiff was therefore properly granted and should be affirmed.

Hong Kong Case Law

GRADE ONE LTD AND OTHERS v. CHOW CHIN YUI, ANGELA AND OTHERS

ASJID HUSSAIN v. OPUS ENGINEERING LTD AND ANOTHER

DACHENG INTERNATIONAL LEGAL SERVICES LTD AND ANOTHER v. YEUK LUNG BENEDICT AND ANOTHER

HOLLYWOOD PALACE CO LTD v. TRANS-GLOBAL HONG KONG INVESTMENT LTD AND ANOTHER

OVERSEAS ADVISORY INC. v. GENERAL ULTRASOUND TECHNOLOGY LTD

HWANG YIU HWA v. ELTONES PROFITS LTD AND OTHERS