mich88wu 2022-11-28 11:42
[align=center][b]LW014A-2045“Certificate in Legal Studies – Professional Stream[/b][/align]
[align=center][b](2ndIntake)” 2022/23[/b][/align]
[align=center][b]Module 2: Civil Procedure 1 and 2[/b][/align]
[align=center][b]Assignment Question[/b][/align]
[olist] [*]You are a legal executive for the law firm, Messrs. AC Lau & Co.[/olist]
John Fung (“[b]John[/b]”), a successful businessman, approached you for advice in relation to a breach of contract case against Peter Chu (“[b]Peter[/b]”). Pursuant to an oral contract dated 1 December 2016, John was to sell and Peter was to purchase10 diamond rings at the price of HK$3.1 million. The payment had to be settled within 30 days of delivery. The rings were delivered to Peter’s residence on 2February 2017. The time for payment has long expired and Peter has refused and/or failed to pay John for the diamond rings, save for a partial payment ofHK$1 million on 1 March 2017. As such, John wishes to commence legal proceedings against Peter.
Advice John on any pre-action considerations before issuing legal proceedings against Peter.
[olist] [*]Assume the writ has been issued and there is no response from Peter.[/olist]
With reference to relevant legal provisions and/or case law, explain to John (i) whether he can take out an application for default judgment; and (ii) the steps that Peter may take in response.
1. AssumePeter has filed a Defence in relation to the action. John thinks Peter has no defence.
Withreference to relevant legal provisions and/or case law, advise John on whetherhe can take out an application for summary judgment.