EXCEL COURAGE HOLDINGS LTD AND ANOTHER v. WONG SIN LAI, also known as WONG SIN LEI AND OTHERS

EXCEL COURAGE HOLDINGS LTD AND ANOTHER v. WONG SIN LAI, also known as WONG SIN LEI AND OTHERS

The court allowed only a limited amendment to para 4(1) to plead three general sources of funds for the acquisition of the Luxey and Railsmedia shares (Railsmedia CPS, the HK$61.9m Fully Wealthy loan, and Excel’s own deposits) but refused leave for late discovery of the second category of documents because the plaintiffs failed to provide evidence as to provenance and authenticity, the documents posed serious questions, and their late admission would prejudice the 1st defendant and disrupt the trial without good reason. The limited amendment was permitted only because it did not introduce new specific factual matters that the 1st defendant had no opportunity to meet.

Citation
EXCEL COURAGE HOLDINGS LTD AND ANOTHER v. WONG SIN LAI, also known as WONG SIN LEI AND OTHERS
Parties
1st Plaintiff / 1st Defendant (in Counterclaims): Excel Courage Holdings Limited; 2nd Plaintiff / 2nd Defendant (in Counterclaim): Hung Ka Leung; 1st Defendant / Plaintiff (by Counterclaim): Wong Sin Lai (also known as Wong Sin Lei; formerly known as Wong Tam Yee); 2nd Defendant / Plaintiff (by Counterclaim): Sun Xiao Xiang; 3rd Defendant: Tsang Man Ho Alvin; 4th Defendant: Wong Tsz Kin; 5th Defendant: Tsang Wing Ho Ringo; 3rd Defendant (in Counterclaims): Lau Chi Yuen Joseph
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2015
Case Number
HCCL34/2013
Procedural Posture
Commercial Action (ownership of Shares Dispute) / Interlocutory Applications Heard During Trial (day 2 of an 11‑day Trial)
Outcome
Limited amendment of Amended Reply allowed; leave to give late discovery of the second category of documents refused; costs order against plaintiffs for the half day spent on the applications.
Legal Topics
Pleadings Amendment, Late Discovery, Document Authenticity and Provenance, Trial Management, Ownership of Shares
Source Language
EN
Company Law Civil Procedure Evidence Pleadings Amendment Late Discovery Document Authenticity and Provenance Trial Management Ownership of Shares

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Parties

Excel Courage Holdings Limited

1st Plaintiff / 1st Defendant (in Counterclaims)

Hung Ka Leung

2nd Plaintiff / 2nd Defendant (in Counterclaim)

Wong Sin Lai (also known as Wong Sin Lei; formerly known as Wong Tam Yee)

1st Defendant / Plaintiff (by Counterclaim)

Sun Xiao Xiang

2nd Defendant / Plaintiff (by Counterclaim)

Tsang Man Ho Alvin

3rd Defendant

Wong Tsz Kin

4th Defendant

Tsang Wing Ho Ringo

5th Defendant

Lau Chi Yuen Joseph

3rd Defendant (in Counterclaims)

Procedural Posture

Commercial Action (ownership of Shares Dispute) / Interlocutory Applications Heard During Trial (day 2 of an 11‑day Trial)

Legal Issues

  1. 1 Whether to allow amendment of para 4(1) of the Amended Reply during trial
  2. 2 Whether to permit late discovery of two categories of documents produced on 23 October 2015
  3. 3 Whether allowing amendment or late discovery would cause prejudice to the 1st defendant and jeopardize a fair trial

Ratio Decidendi

The court allowed only a limited amendment to para 4(1) to plead three general sources of funds for the acquisition of the Luxey and Railsmedia shares (Railsmedia CPS, the HK$61.9m Fully Wealthy loan, and Excel’s own deposits) but refused leave for late discovery of the second category of documents because the plaintiffs failed to provide evidence as to provenance and authenticity, the documents posed serious questions, and their late admission would prejudice the 1st defendant and disrupt the trial without good reason. The limited amendment was permitted only because it did not introduce new specific factual matters that the 1st defendant had no opportunity to meet.

Court Disposition

Limited amendment of Amended Reply allowed; leave to give late discovery of the second category of documents refused; costs order against plaintiffs for the half day spent on the applications.

Orders

  • Para 4(1) of the Amended Reply and Defence to Counterclaim amended to: "It is admitted that the Luxey Shares and Railsmedia Shares were acquired by Excel between March 2012 and February 2013 through (a) acquiring 230,000,000 shares of Railsmedia; (b) using loan funds of HK$61.9 million provided to Excel by Fully...
  • Refuse leave to give late discovery of the second category of documents relating to transfer of Railsmedia CPS and Huge Leader board resolutions.