EAST SEAS SHIPPING CORPORATION AND ANOTHER v. LIU CHONG HING BANK LTD AND ANOTHER

EAST SEAS SHIPPING CORPORATION AND ANOTHER v. LIU CHONG HING BANK LTD AND ANOTHER

The judge held that particulars should be ordered where allegations amount to material facts necessary to define the case (not mere evidential detail) and where a defensive traverse, though negative in form, is pregnant with an affirmative case; applying these principles the Registrar's orders to require undisputed particulars and to make an unless order were not shown to be wrong and most of the contested requests for particulars were either properly ordered (where central to alleged fraud and control) or properly refused (where they sought evidential detail); plaintiffs succeeded on only one contested request against the defence (a negative pregnant traverse) while defendants succeeded...

Citation
EAST SEAS SHIPPING CORPORATION AND ANOTHER v. LIU CHONG HING BANK LTD AND ANOTHER
Parties
1st Plaintiff: East Seas Shipping Corporation; 2nd Plaintiff: Transocean Shipping Company Limited; 1st Defendant: Liu Chong Hing Bank Limited; 2nd Defendant: Liu Lit Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 1982
Case Number
HCA1408/1980
Procedural Posture
Civil Proceedings Concerning Particulars of Claim and Defence in a Fraud and Conspiracy Action / Interlocutory Hearing on Multiple Summonses and Appeals Against Registrar's Orders
Outcome
Mixed interlocutory outcome: Registrar's orders largely upheld; defendants ordered to supply specified particulars of the statement of claim where allegations were material facts or negative pregnant; most plaintiffs' requests for particulars of the defence were refused except one; stay of the unless order was...
Legal Topics
Particulars of Claim and Defence, Negative Pregnant Rule, Unless Order and Stay, Traverses, Pleadings and Disclosure
Source Language
EN
Civil Procedure Commercial Law Fraud Conspiracy Evidence Particulars of Claim and Defence Negative Pregnant Rule Unless Order and Stay +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2
Sign in to unlock

Parties

East Seas Shipping Corporation

1st Plaintiff

Transocean Shipping Company Limited

2nd Plaintiff

Liu Chong Hing Bank Limited

1st Defendant

Liu Lit Man

2nd Defendant

Procedural Posture

Civil Proceedings Concerning Particulars of Claim and Defence in a Fraud and Conspiracy Action / Interlocutory Hearing on Multiple Summonses and Appeals Against Registrar's Orders

Legal Issues

  1. 1 When particulars of a statement of claim or defence alleging fraud and conspiracy should be ordered
  2. 2 Application of the negative pregnant rule to traverses in a defence
  3. 3 Whether Registrar erred in ordering undisputed particulars and in making an unless order

Ratio Decidendi

The judge held that particulars should be ordered where allegations amount to material facts necessary to define the case (not mere evidential detail) and where a defensive traverse, though negative in form, is pregnant with an affirmative case; applying these principles the Registrar's orders to require undisputed particulars and to make an unless order were not shown to be wrong and most of the contested requests for particulars were either properly ordered (where central to alleged fraud and control) or properly refused (where they sought evidential detail); plaintiffs succeeded on only one contested request against the defence (a negative pregnant traverse) while defendants succeeded...

Court Disposition

Mixed interlocutory outcome: Registrar's orders largely upheld; defendants ordered to supply specified particulars of the statement of claim where allegations were material facts or negative pregnant; most plaintiffs' requests for particulars of the defence were refused except one; stay of the unless order was...

Orders

  • Registrar's orders to require undisputed particulars to be served were not set aside and are upheld
  • Defendants ordered to supply particulars of the statement of claim in respect of key requests including identities of persons making representations (request 11(b)), facts/matters/documents as to ownership/control of Manufacturers Shipping (request 24), particulars as to source of payments and use of freight monies...