Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Summary judgment / striking out defences

Legal area

Court

25 Jul 1997

MITSUBIISHI CORPORATION (HONG KONG) LTD v. COLLECTLY INDUSTRIES LTD

Citation

MITSUBIISHI CORPORATION (HONG KONG) LTD v. COLLECTLY INDUSTRIES LTD
Court

Court of First Instance
Case number

HCA10818/1996

The judge found the defendant's oral assurance not credible and unsupported by contemporaneous conduct or evidence, held that the plaintiff's forbearance constituted valid consideration, found no proven variation releasing the defendant, and concluded there was no bona fide defence fit for trial; accordingly summary judgment was entered for the plaintiff.
15 Mar 1996

KUNG WONG SAU HIN AND ANOTHER v. SZE TO CHUN KEUNG AND OTHERS

Citation

KUNG WONG SAU HIN AND ANOTHER v. SZE TO CHUN KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1614/1990

The court held that Order 3 r.6 had been properly construed and the Master erred in dismissing summonses on that preliminary ground; issue estoppel did not preclude strike‑out applications because the prior order was interlocutory on procedure not final on merits; licences and Modifications of Tenancy do not create tenancies or proprietary estates binding purchasers absent constructive trust particulars; proprietary estoppel pleaded without particulars of knowledge/encouragement fails on summary application; adverse possession defences fail as a matter of law in many cases because periods can…