WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

Paragraph 56(2) of the ADC, read in context of the ADC as a whole, did not constitute a clear and unambiguous admission of the Plaintiffs' entitlement to rescission and return of the Rich Base share; accordingly entry of final judgment on that basis was wrong. Leave to amend paragraph 56(2) was properly granted because the admission was not intended, withdrawal would not prejudice the Plaintiffs at the early stage of proceedings, and fairness required permitting correction.

Citation
WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS
Parties
1st Plaintiff: WINGAMES INVESTMENTS LIMITED; 2nd Plaintiff: CHINA HEALTHCARE HOLDINGS LIMITED; 3rd Plaintiff: CHC INVESTMENT HOLDINGS LIMITED; 1st Defendant: MASCOT LAND LIMITED; 2nd Defendant: CHINA ZHONGFU INDUSTRY CO, LTD; 3rd Defendant: SHANGHAI ZHONGFU INTERNATIONAL TRADING CO, LTD; 4th Defendant: ANHUI ANHE INVESTMENT CONSULTING CO, LTD; 5th Defendant: WANG JISHENG; 6th Defendant: GE QIANSONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2012
Case Number
HCMP32/2012
Procedural Posture
Civil Appeal From HCA No 907 of 2011 Concerning Judgment on Admissions and Application to Amend Defence and Counterclaim / Court of Appeal Hearing and Judgment (reasons Handed Down)
Outcome
Appeal allowed; judgment of Reyes J dated 20 December 2011 set aside; leave granted to Defendants to amend paragraph 56 of the Amended Defence and Counterclaim; costs ordered for Defendants on specified items.
Legal Topics
Judgment on Admissions, Amendment of Pleadings, Rescission, Specific Performance, Misrepresentation, Implied Terms, Costs
Source Language
EN
Civil Procedure Contract Law Equity Pleadings Judgment on Admissions Amendment of Pleadings Rescission Specific Performance +3 more

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Parties

WINGAMES INVESTMENTS LIMITED

1st Plaintiff

CHINA HEALTHCARE HOLDINGS LIMITED

2nd Plaintiff

CHC INVESTMENT HOLDINGS LIMITED

3rd Plaintiff

MASCOT LAND LIMITED

1st Defendant

CHINA ZHONGFU INDUSTRY CO, LTD

2nd Defendant

SHANGHAI ZHONGFU INTERNATIONAL TRADING CO, LTD

3rd Defendant

ANHUI ANHE INVESTMENT CONSULTING CO, LTD

4th Defendant

WANG JISHENG

5th Defendant

GE QIANSONG

6th Defendant

Procedural Posture

Civil Appeal From HCA No 907 of 2011 Concerning Judgment on Admissions and Application to Amend Defence and Counterclaim / Court of Appeal Hearing and Judgment (reasons Handed Down)

Legal Issues

  1. 1 Whether paragraph 56(2) of the Amended Defence and Counterclaim constituted a clear and unambiguous admission justifying judgment on admissions
  2. 2 Whether the judge was entitled to enter final judgment on the basis of that alleged admission
  3. 3 Whether leave should be granted to the Defendants to amend paragraph 56(2) to withdraw or clarify any admission

Ratio Decidendi

Paragraph 56(2) of the ADC, read in context of the ADC as a whole, did not constitute a clear and unambiguous admission of the Plaintiffs' entitlement to rescission and return of the Rich Base share; accordingly entry of final judgment on that basis was wrong. Leave to amend paragraph 56(2) was properly granted because the admission was not intended, withdrawal would not prejudice the Plaintiffs at the early stage of proceedings, and fairness required permitting correction.

Court Disposition

Appeal allowed; judgment of Reyes J dated 20 December 2011 set aside; leave granted to Defendants to amend paragraph 56 of the Amended Defence and Counterclaim; costs ordered for Defendants on specified items.

Orders

  • Set aside the final judgment entered by Reyes J dated 20 December 2011
  • Grant leave to the Defendants to amend paragraph 56 of the Amended Defence and Counterclaim in the form proposed below