Read the full judgment text of CACV 000165/1982 on BabelCite. This Court of Appeal judgment was delivered on 8 February 1983 before Leonard VP, Cons JA, Fuad JA.
Civil procedure – striking out – O.18 r.19 – whether particulars of claim disclose cause of action – consent judgment – setting aside on ground of mutual mistake of fact – setting aside on ground of solicitors' want of authority – Landlord and Tenant (Consolidation) Ordinance (Cap. 7) – flat in Bute Street, Kowloon – consent order for possession with mesne profits, stay of execution, and undertakings by landlord to pay ex-gratia sum, refund deposit and waive mesne profits if tenant delivers vacant possession by 22 June 1982 – whether consent order accurately embodied the compromise – whether proper remedy is fresh action rather than appeal – Wilding v. Sanderson [1897] 2 Ch. 534 – Ainsworth v. Wilding [1896] 1 Ch. 673 – de Lasala v. de Lasala [1980] A.C. 546 – Welsh v. Roe (1918) 87 L.J.K.B. 520 – first issue: whether particulars disclosed cause of action to set aside consent judgment on ground of mutual mistake of fact – held no, no material facts pleaded identifying the precise mistake – second issue: whether solicitors' want of authority could ground setting aside as against the other party – held no as pleaded, no allegation that any limitation on the solicitors' implied authority was communicated to the opposite side – appeal allowed and particulars of claim ordered to be struck out – court declined to comment further on possible claim by tenant against her own solicitors.
Legal issues: Whether particulars disclose cause of action to set aside consent judgment on ground of mutual mistake of fact · Whether particulars disclose cause of action based on solicitors' want of authority to settle
Outcome: Appeal allowed; the District Judge's refusal to strike out the particulars of claim was set aside and the application to strike out should have succeeded.