6 Sept 2023
WAI CHUN HOLDINGS GROUP LTD v. YIP KAM KUEN
- Citation
- [2023] HKDC 1241
- Court
- District Court
- Case number
- DCCJ5523/2019
The appeal is allowed because the plaintiff failed to establish a prima facie case on the very written Loan Agreement it relied upon: the agreement named a different corporate entity as lender and that misnomer could not be resolved as a mere typographical error at summary judgment on the affidavit record; credible triable issues exist (including the defendant's consultancy agreement defence and demand construction), and exceptional circumstances existed to permit the defendant to file further affidavit evidence to rebut new allegations in the plaintiff's replying affidavit.
- Summary judgment
- Misnomer/rectification of parties
- Admission of further evidence
- Oral consultancy agreement vs written loan agreement
- Demand clause
- Equitable set-off