Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trial

  • 10 Jun 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
    Court of First Instance
    Case number
    HCMP828/2008

    The Court refused leave to appeal because the trial judge properly concluded that the defendants had an arguable defence of fair dealing under s.39(1) and that there were triable issues of fact and mixed law and fact making summary judgment inappropriate; the matter should proceed to trial.

  • 12 Apr 2006

    WORLDWIDE DIAMOND MANUFACTURERS (HK) LTD v. DIAFRO CO LTD

    Citation
    WORLDWIDE DIAMOND MANUFACTURERS (HK) LTD v. DIAFRO CO LTD
    Court
    Court of First Instance
    Case number
    HCA1544/2005

    Because the plaintiff failed to produce contemporaneous accounting evidence to substantiate the large aggregated entry of US$544,284.12, the defendant's challenge to that entry could not be rejected as groundless; that created an arguable triable issue and the possibility of a substantial counterclaim, so summary judgment could not stand and an accounting and trial were required; accordingly the summary judgment and costs orders were set aside and unconditional leave to defend granted.