Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Summary disposal under order 14a

Legal area

Court

13 Jan 2017

MASTER UNIVERSE DEVELOPMENT LTD v. MASS OCEAN INTERNATIONAL LTD AND OTHERS

Citation

MASTER UNIVERSE DEVELOPMENT LTD v. MASS OCEAN INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP3312/2016

The Court refused leave because the applicants failed to show the judge erred in law or in principle or that the Decision was plainly wrong; the intended appeals lacked a reasonable prospect of success as the matters raised involved fact‑sensitive issues requiring investigation at trial and were not suitable for summary disposal; no other interest of justice justified granting leave.
12 Apr 2007

NG CHUN KONG CALVIN t/a KO AND CO v. FIRST STAR DEVELOPMENT LTD

Citation

NG CHUN KONG CALVIN t/a KO AND CO v. FIRST STAR DEVELOPMENT LTD
Court

Court of Appeal
Case number

CACV81/2006

The Court of Appeal held that the construction of the retainer and the existence of the pleaded implied term, and the related question of frustration, involved material factual issues (surrounding circumstances, practice/custom and parties' conduct) unsuitable for summary disposal under Order 14A or striking out; accordingly the appeal succeeded, the striking out and summary judgment below were set aside and the matter remitted for trial so that the factual issues can be resolved and the contract properly construed.