Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Leave to defend (order 14)

Legal area

Court

11 Jan 2000

CHU KONG HIGHWAY ENGINEERING CO. LTD. v. WONG CHEUNG SUM

Citation

CHU KONG HIGHWAY ENGINEERING CO. LTD. v. WONG CHEUNG SUM
Court

Court of Appeal
Case number

CACV264/1999

Appeal allowed: on the undisputed surrounding facts the defendant's account of duress was not credible and could not establish a viable defence; the judge below erred in granting unconditional leave to defend and the master's order for summary judgment was restored.
27 Apr 1998

TALENT WISE LTD. v. CHEUNG SHUI CHING

Citation

TALENT WISE LTD. v. CHEUNG SHUI CHING
Court

Court of First Instance
Case number

HCA11309/1997

Summary judgment was inappropriate because the circumstances raised serious and non‑frivolous possibilities (including potential collusion and that the plaintiff controlled key facts) which warranted investigation at trial; Clause 27 does not necessarily operate on an unsubstantiated third‑party claim, so the defendant had an arguable case and the appeal must be allowed.