31 Jan 2023
MJDS HOLDINGS, LLC v. G&B TRADE LTD
- Citation
- [2023] HKCFI 280
- Court
- Court of First Instance
- Case number
- HCA758/2021
Summary judgment was refused because there are triable issues that cannot be resolved on affidavit evidence: whether payments were made pursuant to a subsisting contract (which would preclude restitution), whether there is a satisfactory basis for severance to establish total failure of consideration given substantial partial deliveries, and whether the defendant can establish the change of position defence; accordingly defendant granted unconditional leave to defend and the summons dismissed with costs nisi in the cause.