Hong Kong Case Law: Decisions & Judgments

MAXDO PROJECT MANAGEMENT CO LTD v. MARQUIS THOMAS FRANCIS

Citation

MAXDO PROJECT MANAGEMENT CO LTD v. MARQUIS THOMAS FRANCIS

Court

District Court

Case number

DCCJ1004/2010

Summary judgment refused because the existence, scope and terms of the alleged agency and whether surrender of the tenancy was within the agent's authority raise factual issues requiring oral evidence and findings; accordingly defendant entitled to unconditional leave to defend; defendant's late application to adduce a second affidavit dismissed for lack of special circumstances.

23 Sept 2005

NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD

Citation: NANTONG ANGANG GARMENTS CO LTD v. HELLMANN INTERNATIONAL FORWARDERS LTD
Court: Court of Appeal
Case number: CACV64/2005

Appeal allowed: despite inordinate and inexcusable delay by the third parties, the court exercised its discretion to extend time because there were substantial arguable defences and procedural unfairness (notably an amendment at trial introducing a contractual indemnity in the absence of the third parties and failure to ensure the presence/clarity of the third party director witness). The order of Stone J dated 20 November 2002 was set aside on terms, a retrial of the third party action before a different judge ordered, and costs directions made conditional on third parties bearing costs thro…