Hong Kong Case Law: Decisions & Judgments

Topic

Admissions in correspondence

Legal area

Court

22 Oct 2001

CHINA TRAVEL SERVICE ZHEJIANG v. JIANGSU (HK) TRAVEL CO LTD.

Citation

CHINA TRAVEL SERVICE ZHEJIANG v. JIANGSU (HK) TRAVEL CO LTD.
Court

Court of First Instance
Case number

HCA10570/2000

The appeal was allowed and conditional leave to defend granted because, although aspects of the Defendants joint venture/agency case were arguable, the Plaintiffs invoices and the Defendants own correspondence admitted indebtedness and made the defence not plainly arguable; accordingly the Defendant may defend only if it pays the claimed sums into court by the specified date.
4 Aug 1989

INDIAN OVERSEAS BANK v. TSEA SUNG WAH

Citation

INDIAN OVERSEAS BANK v. TSEA SUNG WAH
Court

Court of Appeal
Case number

CACV74/1989

The Court allowed the appeal because the existence of the bank's 8 June 1976 letter and related material created an arguable defence that could not be fairly resolved on an Order 14 application; summary judgment was therefore set aside and the defendant was given leave to defend.
4 Dec 1969

CHAN SHU GAR AND OTHERS v. CHAN BO HING

Citation

CHAN SHU GAR AND OTHERS v. CHAN BO HING
Court

Court of Appeal
Case number

CACV23/1969

The appeal is dismissed because where there is a genuine dispute as to the existence or terms of a settlement reached in 'without prejudice' negotiations, it is inappropriate to use those negotiations or alleged admissions as the basis for summary judgment under Order 27 rule 3; allowing such use would undermine the without-prejudice privilege and the judge did not err in exercising his discretion to refuse judgment.

Hong Kong Case Law

CHINA TRAVEL SERVICE ZHEJIANG v. JIANGSU (HK) TRAVEL CO LTD.

INDIAN OVERSEAS BANK v. TSEA SUNG WAH

CHAN SHU GAR AND OTHERS v. CHAN BO HING