KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER

The judge held that the plaintiff was entitled to make the additional supplemental submissions because the court's conduct and prior remarks permitted consideration of other matters; to prevent prejudice the defendants were granted leave to file further reply submissions within 7 days and the plaintiffs were granted...

Source-derived case information.

Citation
KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Plaintiff: 3rd Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 2003
Case Number
HCA2409/2002
Procedural Posture
Civil Application for Inspection and Application for Re Amendment of Statement of Claim / Interlocutory Ruling on Scope of Supplemental Submissions and Directions Following Consent to Re Amendments
Outcome
Adjourned part-heard inspection application; ruled that plaintiffs could file wider supplemental submissions; defendants granted leave to file reply; plaintiffs granted leave to file final reply; directions on correspondence to court.
Legal Topics
Document Inspection, Amendment of Pleadings, Scope of Supplemental Submissions, Right of Reply, Procedural Fairness
Source Language
en
Civil Procedure Litigation Practice Court Directions Document Inspection Amendment of Pleadings Scope of Supplemental Submissions Right of Reply Procedural Fairness

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Summary, issues, holding and outcome

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

3rd Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

Procedural Posture

Civil Application for Inspection and Application for Re Amendment of Statement of Claim / Interlocutory Ruling on Scope of Supplemental Submissions and Directions Following Consent to Re Amendments

Legal Issues

  1. 1 Whether plaintiffs could file supplemental submissions beyond two specified matters
  2. 2 Whether defendants were entitled to a right of reply given the scope of supplemental submissions
  3. 3 Appropriateness of counsel copying correspondence to the court

Ratio Decidendi

The judge held that the plaintiff was entitled to make the additional supplemental submissions because the court's conduct and prior remarks permitted consideration of other matters; to prevent prejudice the defendants were granted leave to file further reply submissions within 7 days and the plaintiffs were granted leave to file a final reply within 7 days after service of the defendants' submissions; counsel should not copy correspondence to the court and must apply through solicitors for further directions or hearings.

Court Disposition

Adjourned part-heard inspection application; ruled that plaintiffs could file wider supplemental submissions; defendants granted leave to file reply; plaintiffs granted leave to file final reply; directions on correspondence to court.

Orders

  • Summons for inspection adjourned part-heard with liberty to restore if necessary
  • Defendants granted leave to file further reply submissions within 7 days from this Ruling