MILLION DECADE LTD v. TUNG FAI ALSO KNOWN AS DONG HUI

MILLION DECADE LTD v. TUNG FAI ALSO KNOWN AS DONG HUI

Requests for detailed identities, dates, payment particulars and scope of work in paragraph 13 were refused because they sought evidential detail rather than necessary pleading particulars and were not shown to be necessary for fair disposal or for saving costs; paragraph 20 particulars were unnecessary given the pleaded reliance on the alleged HK$80 million set‑off and the defendants' pleaded case; the interrogatories were withdrawn because they did not relate to matters necessary for fair disposal, were oppressive or could be pursued by the applicant from his own sources; costs follow the event.

Citation
MILLION DECADE LTD v. TUNG FAI ALSO KNOWN AS DONG HUI
Parties
Plaintiff (hca 1062/2013): Million Decade Limited; Plaintiff (hca 1063/2013): Top Ample Limited; Defendant (hca 1062/2013 & HCA 1063/2013); Plaintiff (hca 1660/2013): Tung Fai; Defendant (hca 1660/2013): Wei Dong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 2015
Case Number
HCA1062/2013
Procedural Posture
Civil High Court Actions Concerning Alleged Oral Agreement, Repayments, Set Off and Related Interlocutory Applications / Interlocutory Decision on Summonses for Further and Better Particulars (o.18 R.12) and Withdrawal of Interrogatories (o.26 R.1); Case Management Directions Issued
Outcome
Wei Dong's summons for further and better particulars dismissed; Tung Fai's summons to withdraw interrogatories allowed; costs of the applications awarded against Wei Dong; case management directions given and matter adjourned for case management conference.
Legal Topics
Particulars of Pleading (order 18 R.12), Interrogatories (order 26 R.1), Oral Agreement Enforcement and Performance, Set Off/accounting Between Parties, Costs Assessment (o.62 R.9 A)
Source Language
EN
Civil Procedure Contract Evidence Company Law Tax (incidental) Particulars of Pleading (order 18 R.12) Interrogatories (order 26 R.1) Oral Agreement Enforcement and Performance +2 more

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Parties

Million Decade Limited

Plaintiff (hca 1062/2013)

Top Ample Limited

Plaintiff (hca 1063/2013)

Tung Fai

Defendant (hca 1062/2013 & HCA 1063/2013); Plaintiff (hca 1660/2013)

Wei Dong

Defendant (hca 1660/2013)

Procedural Posture

Civil High Court Actions Concerning Alleged Oral Agreement, Repayments, Set Off and Related Interlocutory Applications / Interlocutory Decision on Summonses for Further and Better Particulars (o.18 R.12) and Withdrawal of Interrogatories (o.26 R.1); Case Management Directions Issued

Legal Issues

  1. 1 Whether further and better particulars of paragraph 13 and paragraph 20 of the Statement of Claim should be ordered under O.18 r.12
  2. 2 Whether interrogatories addressed to the plaintiff should be withdrawn under O.26 r.1 as unnecessary or oppressive
  3. 3 Whether requests amounted to seeking evidence rather than necessary particulars

Ratio Decidendi

Requests for detailed identities, dates, payment particulars and scope of work in paragraph 13 were refused because they sought evidential detail rather than necessary pleading particulars and were not shown to be necessary for fair disposal or for saving costs; paragraph 20 particulars were unnecessary given the pleaded reliance on the alleged HK$80 million set‑off and the defendants' pleaded case; the interrogatories were withdrawn because they did not relate to matters necessary for fair disposal, were oppressive or could be pursued by the applicant from his own sources; costs follow the event.

Court Disposition

Wei Dong's summons for further and better particulars dismissed; Tung Fai's summons to withdraw interrogatories allowed; costs of the applications awarded against Wei Dong; case management directions given and matter adjourned for case management conference.

Orders

  • Wei Dong's summons for particulars is dismissed
  • Tung Fai's summons to withdraw the interrogatories dated 6 July 2015 is allowed