Kappo No 5 Pty Limited and Jenny Chi In Hau Charles Chan Cho Yau v James Chi Kung Wong and Kuien Mi Wong [1998] PNGLR 544

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: [1998] PNGLR 544
• Date: 23 May 1997
• Year: 1998

Full Title: Kappo No 5 Pty Limited and Jenny Chi In Hau Charles Chan Cho Yau v James Chi Kung Wong and Kuien Mi Wong [1998] PNGLR 544

Supreme Court: Kapi DCJ, Los J, Salika J

Judgment Delivered: 23 May 1997

1 Summary judgment—proper principles considered—judgment entered where facts are admitted—where claim is based on fraud, summary judgment is not applicable

2 National Court Rules O12 r38, O9 r30, O12 r37

3 Tsang v Credit Corporation (PNG) Pty Ltd [1993] PNGLR 112, Dep International Private Ltd v Ambogo Sawmill Pty Ltd [1987] PNGLR 117, Samson Kai v The State (1992) N1079, Salomon v Salomon & Co Ltd [1897] AC 22 and Briggs v James Hardie & Co Pty Ltd (1989) 7 ACLC 841 referred to

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By the Court: This is an appeal from a decision of His Honour Sheehan J dated 28 February 1996 in which he entered summary judgment. The background to the entry of judgment is as follows. Kappo No 5 Pty Ltd (hereinafter referred to as the First Appellant) is a company incorporated in Papua New Guinea under the provisions of the Companies Act (Ch147). Mr James Chi Kung Wong (hereinafter referred to as the First Respondent) and Mrs Kuem Mi Wong (hereinafter referred to as the Second Respondent) are citizens of Hong Kong carrying on business in Papua New Guinea. They entered into a business arrangement whereby they were designated Managers of the first appellant and were also signatories to the first appellant's accounts which were established and kept at the Waigani Branch of ANZ Bank Ltd. They were authorised to sign and cash cheques upon...