SOLOMO WAKNINE AND ANOTHER v. MING CHEUNG MANUFACTURING AND OTHERS

SOLOMO WAKNINE AND ANOTHER v. MING CHEUNG MANUFACTURING AND OTHERS

The judge treated the contested interlocutory applications as an application to vacate the hearing date and, exercising case management discretion, granted the vacatur and re‑listed the hearing to 7 May 1985 with 12 days reserved, gave liberty to all parties and the Official Receiver to apply on two clear days' notice, and limited further adjournments by refusing to permit a third adjournment.

Citation
SOLOMO WAKNINE AND ANOTHER v. MING CHEUNG MANUFACTURING AND OTHERS
Parties
1st Plaintiff: Solomo Waknine; 2nd Plaintiff: Baronelli Limited; 1st Defendant: Ming Cheung Manufacturing Company Limited (Discontinued); 2nd Defendant: Kong Sun Dyeing Works Limited; 3rd Defendant: Joseph Lau Man Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 1985
Case Number
HCA3656/1983
Procedural Posture
Civil (high Court) / Interlocutory / Case Management Hearing (applications to Vacate, Amend Pleadings, and Adjourn Hearing)
Outcome
Application to vacate the hearing date granted; hearing adjourned and re‑listed with increased hearing days; liberty to apply on short notice; adjournment limitations imposed
Legal Topics
Amendment of Pleadings, Discovery and Disclosure, Subpoena Duces Tecum, Adjournment and Case Listing, Requests for Further and Better Particulars
Source Language
EN
Civil Procedure Insolvency Evidence Amendment of Pleadings Discovery and Disclosure Subpoena Duces Tecum Adjournment and Case Listing Requests for Further and Better Particulars

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Parties

Solomo Waknine

1st Plaintiff

Baronelli Limited

2nd Plaintiff

Ming Cheung Manufacturing Company Limited (Discontinued)

1st Defendant

Kong Sun Dyeing Works Limited

2nd Defendant

Joseph Lau Man Wai

3rd Defendant

Procedural Posture

Civil (high Court) / Interlocutory / Case Management Hearing (applications to Vacate, Amend Pleadings, and Adjourn Hearing)

Legal Issues

  1. 1 Whether to permit amendments to pleadings and replies out of time
  2. 2 Whether to allow supplemental lists of documents and further discovery out of time
  3. 3 Whether to vacate the scheduled hearing date and re‑list with additional days

Ratio Decidendi

The judge treated the contested interlocutory applications as an application to vacate the hearing date and, exercising case management discretion, granted the vacatur and re‑listed the hearing to 7 May 1985 with 12 days reserved, gave liberty to all parties and the Official Receiver to apply on two clear days' notice, and limited further adjournments by refusing to permit a third adjournment.

Court Disposition

Application to vacate the hearing date granted; hearing adjourned and re‑listed with increased hearing days; liberty to apply on short notice; adjournment limitations imposed

Orders

  • Hearing vacated and re‑listed to commence on 7 May 1985 with 12 hearing days reserved
  • Liberty to all parties and to the Official Receiver to apply on two clear days' notice in writing if the re‑listed days prove unsuitable