Hong Kong Case Law: Decisions & Judgments

Topic

Summary judgment / order 14

Legal area

Court

10 Jun 2013

BOLD SHINE INVESTMENT LTD v. ZHENG DELI also known as CHEANG LEI AND ANOTHER

Citation

BOLD SHINE INVESTMENT LTD v. ZHENG DELI also known as CHEANG LEI AND ANOTHER
Court

Court of First Instance
Case number

HCA1676/2011

The defendant established triable issues of fact as to the source of the purchase funds and beneficial ownership that could not be resolved on affidavit alone; accordingly leave to defend was granted and a conditional injunction was imposed preventing the defendant from dealing with the Property until trial, with costs to be in the cause.
29 May 2013

LUCKY ZONE HOLDINGS LTD v. LUCKY BELT HOLDINGS LTD AND ANOTHER

Citation

LUCKY ZONE HOLDINGS LTD v. LUCKY BELT HOLDINGS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA785/2012

The alleged prior oral term was not believable in the factual and contractual context, was inconsistent with the clear written terms (including an entire agreement clause and an express clause giving the noteholder absolute discretion), and was too vague to found a binding obligation; there was no post-contract conduct establishing waiver or estoppel. Therefore there was no real triable issue and summary judgment was entered for the plaintiff for repayment of the convertible notes with interest and costs.
7 Mar 2008

CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER

Citation

CAPCOM CO LTD AND ANOTHER v. PIONEER TECHNOLOGIES LTD AND ANOTHER
Court

District Court
Case number

DCCJ2655/2007

On an objective assessment the Article as a whole falls within the wide ambit of review and Pioneer's reproduction of approximately 86 frames was, in the main, reasonably necessary for that review; Pioneer has an arguable defence of fair dealing under s.39(1) such that there are triable issues and summary judgment must be dismissed and the matter tried.
23 Mar 2005

張新霖 v. 黎錦文及另十一人

Citation

張新霖 v. 黎錦文及另十一人
Court

Court of Appeal
Case number

CACV252/2004

The Court of Appeal dismissed the plaintiff's appeal: article 70 can be construed to permit the election commissioners to defer counting of votes in suitable circumstances provided the power is exercised in good faith and is not objectively unreasonable; alleged misdeeds and ambiguities in voting materials raised triable issues of fact, so summary judgment was inappropriate; seeking court determination did not amount to prohibited delegation.
27 Feb 2004

VIVENDI UNIVERSAL GAMES, INC AND ANOTHER v. GLORY PACIFIC TECHNOLOGY LTD t/a CYBER WORLD

Citation

VIVENDI UNIVERSAL GAMES, INC AND ANOTHER v. GLORY PACIFIC TECHNOLOGY LTD t/a CYBER WORLD
Court

District Court
Case number

DCCJ5680/2003

The plaintiffs proved ownership of the copyright and established that the defendant made unauthorized infringing copies available to the public in its cyber café, thereby breaching the plaintiffs' exclusive rights; accordingly the plaintiffs are entitled to final judgment and the relief sought.
4 Aug 1999

BILLION PROFIT ENTERPRISES LTD. v. GLOBAL FLY DEVELOPMENT LTD.

Citation

BILLION PROFIT ENTERPRISES LTD. v. GLOBAL FLY DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCA712/1999

The vendor had satisfactorily answered the requisitions by producing an Authorized Person's opinion supported by the Buildings Department's guidance; the Agreement's clauses (notably Clauses 7,8,9,10 and 25) on true construction put the purchaser on notice and effectively obviated the vendor's obligation to prove good title regarding alleged unauthorized use or structures; the Defendant's factual allegations of oral admission and abandonment lacked credible evidence; any failure to notify the termination of tenancy raised a triable issue but was not a repudiatory breach; accordingly interlocu…
6 May 1999

WONG SHING CHEONG v. VISAGE (HONG KONG) LTD.

Citation

WONG SHING CHEONG v. VISAGE (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCA13472/1998

The appeal is allowed in part because the inspection certificate's legal effect is arguable and the Defendant's counterclaim appears bona fide, creating triable issues; accordingly the Defendant is granted conditional leave to defend on the condition that the full sum claimed be paid into court within 21 days, and the interlocutory judgment is not to bar the Defendant from defending subject to that condition.
9 Oct 1998

LO WING KEI ALEX t/a WANG WAH DEVELOPMENT CO. v. ZEE MEY FONG t/a YU WOO CO.

Citation

LO WING KEI ALEX t/a WANG WAH DEVELOPMENT CO. v. ZEE MEY FONG t/a YU WOO CO.
Court

Court of Appeal
Case number

CACV195/1998

The appeal was allowed because, although the defendant's case had serious difficulties and was shadowy, it was not shown to be totally unbelievable on the affidavits; therefore summary judgment was inappropriate and conditional leave to defend was granted subject to stringent security (payment into court or bank guarantee of $2,000,000).
15 May 1997

DAH HWA LEATHER AND TRADING CO. LTD. v. TADASHI ISHIDA

Citation

DAH HWA LEATHER AND TRADING CO. LTD. v. TADASHI ISHIDA
Court

Court of First Instance
Case number

HCA8923/1996

The appeal was dismissed because the defendant's account, though shifted, was not so inherently incredible that it could be excluded as a matter of law; the facts relied on could, if proved at trial, amount to duress rendering the guarantee voidable and thus the Master was correct to grant unconditional leave to defend.
21 Sept 1995

DENE HUNT v. GORDON WILLIAM FISHER

Citation

DENE HUNT v. GORDON WILLIAM FISHER
Court

Court of Appeal
Case number

CACV38/1995

Clause 1 of the deed is arguably ambiguous on whether the covenant is personal or on behalf of the trustee; because resolution requires factual matrix and disputed facts on capacity/agency and delivery in escrow, summary judgment under Order 14 was inappropriate and the defendant must be given unconditional leave to defend; appeal allowed and judgment set aside.