BECKTON INTERNATIONAL LTD AND ANOTHER v. LARRY BRENDON MANAGEMENT LTD AND OTHERS

BECKTON INTERNATIONAL LTD AND ANOTHER v. LARRY BRENDON MANAGEMENT LTD AND OTHERS

The Consolidated Statement of Claim having been dispensed with, defences prepared in response to it are ineffective; defendants therefore have not validly filed defences and must apply to file and serve defences out of time. The correct sequence is plaintiffs may apply to amend Statements of Claim first, time for defences is suspended pending that application, and specific case management directions follow to rectify the procedural confusion. Costs for the applications are to be no order as to costs due to mutual misunderstanding.

Citation
BECKTON INTERNATIONAL LTD AND ANOTHER v. LARRY BRENDON MANAGEMENT LTD AND OTHERS
Parties
1st Plaintiff: Beckton International Limited; 2nd Plaintiff: Coolaudio International Limited; Defendant (hca 1945/2014): Ooi Lean Choo (also known as Alsie Lau); 1st Defendant (hca 2304/2014): Larry Brendon Management Limited; 2nd Defendant (hca 2304/2014): Larry Brendon C.P.A. Limited; 3rd Defendant (hca 2304/2014): Kian Hwa Yuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2017
Case Number
HCA2304/2014
Procedural Posture
High Court Action Civil (interlocutory Applications to Amend Pleadings) / Case Management Hearing; Applications for Leave to Amend Defences and to Add Counterclaim
Outcome
Applications not determined on merits; case management directions given to resolve procedural confusion; no order as to costs for the applications and hearing
Legal Topics
Consolidation Under Order 4 RHC, Amendment of Pleadings, Case Management Directions, Costs
Source Language
EN
Civil Procedure Commercial Litigation Pleadings Consolidation Under Order 4 RHC Amendment of Pleadings Case Management Directions Costs

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Parties

Beckton International Limited

1st Plaintiff

Coolaudio International Limited

2nd Plaintiff

Ooi Lean Choo (also known as Alsie Lau)

Defendant (hca 1945/2014)

Larry Brendon Management Limited

1st Defendant (hca 2304/2014)

Larry Brendon C.P.A. Limited

2nd Defendant (hca 2304/2014)

Kian Hwa Yuen

3rd Defendant (hca 2304/2014)

Procedural Posture

High Court Action Civil (interlocutory Applications to Amend Pleadings) / Case Management Hearing; Applications for Leave to Amend Defences and to Add Counterclaim

Legal Issues

  1. 1 Whether the parties' consent 'consolidation' order operated to create a single consolidated action or left two separate actions to be tried together
  2. 2 Whether defences filed in response to a Consolidated Statement of Claim have legal effect after the Consolidated Statement of Claim was dispensed with
  3. 3 Appropriate procedural step where defences have not been validly filed (application to file out of time)

Ratio Decidendi

The Consolidated Statement of Claim having been dispensed with, defences prepared in response to it are ineffective; defendants therefore have not validly filed defences and must apply to file and serve defences out of time. The correct sequence is plaintiffs may apply to amend Statements of Claim first, time for defences is suspended pending that application, and specific case management directions follow to rectify the procedural confusion. Costs for the applications are to be no order as to costs due to mutual misunderstanding.

Court Disposition

Applications not determined on merits; case management directions given to resolve procedural confusion; no order as to costs for the applications and hearing

Orders

  • Plaintiffs shall within 14 days apply for leave to amend the Statement of Claim in HCA 1945/2014 and HCA 2304/2014 if so advised
  • Time for the defendants of the respective actions to file and serve their defence is suspended until the Plaintiffs have applied for leave to amend the Statements of Claim