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Hong Kong decisions
Decisions matching the current search
The court granted summary judgment for the plaintiffs in two related contract claims over unpaid goods, rejecting the defendant’s identity and authority defences.
Hong Kong Court of Appeal upheld summary judgment ordering return of HK$5.99 million, finding the appellant’s loan-repayment defence was not believable.
The District Court refused leave to appeal out of time, refused leave to appeal against the earlier order, dismissed an amendment summons, and awarded costs against the plaintiff.
The Court of First Instance allowed the plaintiff’s appeal in a guarantee and indemnity dispute, dismissed the defendant’s appeal, and entered judgment for HK$401,185,002.95 plus interest.
The court refused summary judgment and set aside Mareva relief, finding triable issues on mistake and suretyship and no real risk of dissipation.
The court refused the extension of time because the delay (approx. eight weeks) combined with the lack of a arguable appeal meant no sufficient cause to extend; fresh evidence was rejected because the defendant failed Ladd v Marshall's first limb (he could have obtained and filed the material earlier) and the proffered evidence was neither clearly credible nor likely to change the result; on the merits the defendant had no real or bona fide defence to the summary judgment claim because the bank's monthly statements and the conclusive evidence clause established the indebtedness absent any obv…
Source excerpt
The Court of First Instance granted summary judgment, finding the 1st Defendant’s loan-and-repayment story not believable and ordering return of HK$5,990,000 on trust.
The court allowed the defendant’s appeal against a conditional summary judgment order, admitted fresh evidence, and granted unconditional leave to defend.
The Court of First Instance dismissed an appeal against summary judgment in a loan dispute, finding no credible triable issue on sham, drawdown, or exchange-control defences.
The District Court dismissed the plaintiff’s appeal from a master’s decision, refusing summary judgment and interim payment because the pleaded case was inadequate and factual disputes required trial.
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