AMUSE PEACE LTD v. CHINA CITY CONSTRUCTION (INTERNATIONAL) CO., LTD

AMUSE PEACE LTD v. CHINA CITY CONSTRUCTION (INTERNATIONAL) CO., LTD

The court exercised its discretion to admit late evidence because the judgment in related proceedings (HCA 2814) constituted an important development directly relevant to issues of consistency between pleadings and witness evidence on identical facts; the plaintiff was therefore granted leave to file its solicitor's...

Source-derived case information.

Citation
[2018] HKCFI 146
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Amuse Peace Limited (樂和有限公司); Defendant (original Action); Plaintiff (counterclaim): China City Construction (International) Co., Limited (中國城市建設(國際)有限公司); 2nd Defendant (counterclaim): Wei Shenqing; 3rd Defendant (counterclaim): Orient Best Investment Limited; 4th Defendant (counterclaim): Tech Flourish Enterprises Limited; 5th Defendant (counterclaim): Sino Loft Holdings Limited (華閣控股有限公司); 6th Defendant (counterclaim): CK Jishi Co., Ltd.; 7th Defendant (counterclaim): 于匯津; 8th Defendant (counterclaim): 于海鵬; 9th Defendant (counterclaim): 施慰萱; 10th Defendant (counterclaim): 羅紫齡
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2018
Case Number
HCA2913/2016
Procedural Posture
Civil — Interlocutory Applications in Relation to Order 14 (summary Disposal/striking Out) / Interlocutory — Applications for Leave to Adduce Further Evidence Before Substantive Hearing of Order 14 Application
Outcome
Leave granted to both parties to adduce specified further evidence; defendant permitted to withdraw one summons with costs to plaintiff; matter to return on costs and further directions
Legal Topics
Order 14 Striking Out, Leave to Adduce Further Evidence, Use of Judgments in Related Proceedings, Inconsistency in Pleadings and Witness Statements
Source Language
en
Civil Procedure Evidence Company Law Shareholder Derivative Action Order 14 Striking Out Leave to Adduce Further Evidence Use of Judgments in Related Proceedings Inconsistency in Pleadings and Witness Statements

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Parties

Amuse Peace Limited (樂和有限公司)

Plaintiff (original Action); 1st Defendant (counterclaim)

China City Construction (International) Co., Limited (中國城市建設(國際)有限公司)

Defendant (original Action); Plaintiff (counterclaim)

Wei Shenqing

2nd Defendant (counterclaim)

Orient Best Investment Limited

3rd Defendant (counterclaim)

Tech Flourish Enterprises Limited

4th Defendant (counterclaim)

Sino Loft Holdings Limited (華閣控股有限公司)

5th Defendant (counterclaim)

CK Jishi Co., Ltd.

6th Defendant (counterclaim)

于匯津

7th Defendant (counterclaim)

于海鵬

8th Defendant (counterclaim)

施慰萱

9th Defendant (counterclaim)

羅紫齡

10th Defendant (counterclaim)

Procedural Posture

Civil — Interlocutory Applications in Relation to Order 14 (summary Disposal/striking Out) / Interlocutory — Applications for Leave to Adduce Further Evidence Before Substantive Hearing of Order 14 Application

Legal Issues

  1. 1 Whether the court should grant leave to admit late evidence arising from a judgment in a related action
  2. 2 Whether the judgment in HCA 2814 is relevant and admissible to undermine the defendant's case in this proceeding
  3. 3 Whether the defendant's applications amount to an abuse of process or a back-door appeal of the judgment in HCA 2814

Ratio Decidendi

The court exercised its discretion to admit late evidence because the judgment in related proceedings (HCA 2814) constituted an important development directly relevant to issues of consistency between pleadings and witness evidence on identical facts; the plaintiff was therefore granted leave to file its solicitor's affirmation and the defendant was granted leave to file further affirmations so the defendant could respond. The court rejected characterising the defendant's applications as a back-door appeal and required full context by admitting material placed before B Chu J.

Court Disposition

Leave granted to both parties to adduce specified further evidence; defendant permitted to withdraw one summons with costs to plaintiff; matter to return on costs and further directions

Orders

  • Grant leave to the plaintiff to file and serve the affirmation of Laura Au and the judgment of B Chu J (HCA 2814)
  • Grant leave to the defendant to file the second affirmation of Yuen Chan Wah (dated 5 January 2018) and the second and third affirmations of Yuan Qing (as sought by defendant)