GREAT PERPRECT INVESTMENT LTD v. LEUNG YAT WAH AND OTHERS

GREAT PERPRECT INVESTMENT LTD v. LEUNG YAT WAH AND OTHERS

The correct procedure for striking out pleadings in Hong Kong is by summons before a master under Order 32 r11; issuing a notice of motion to strike out in open court improperly bypasses the master's jurisdiction and the referral/appeal process, and therefore the motions were dismissed with costs.

Citation
GREAT PERPRECT INVESTMENT LTD v. LEUNG YAT WAH AND OTHERS
Parties
Plaintiff (original Action); 2nd Defendant (counterclaim): GREAT PERFECT INVESTMENT LIMITED; Defendant (original Action); Plaintiff (counterclaim): LEUNG YAT WAH; Defendant (original Action); Plaintiff (counterclaim): CHEN CHIEN LIN; Defendant (original Action); Defendant (counterclaim): CHAN KWAI YING alias WENDY CHAN trading as KIN WAI BLEACHING & DYEING FACTORY; 1st Defendant (counterclaim): YING FUNG DISTILLERY LIMITED; 3rd Defendant (counterclaim): RICHARD BRYSON; 3rd Defendant (counterclaim): MICHAEL C. SETO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 June 1990
Case Number
HCA5915/1989
Procedural Posture
Civil Strike Out Application / Hearing on Notice of Motion to Strike Out (5 June 1990)
Outcome
Motions dismissed with costs
Legal Topics
Strike Out Application, Pleadings, Jurisdiction of Master Vs Judge, Procedure Before Master, Order 32 Rules
Source Language
EN
Civil Procedure Court Practice Civil Litigation Strike Out Application Pleadings Jurisdiction of Master Vs Judge Procedure Before Master Order 32 Rules

Case Brief

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Parties

GREAT PERFECT INVESTMENT LIMITED

Plaintiff (original Action); 2nd Defendant (counterclaim)

LEUNG YAT WAH

Defendant (original Action); Plaintiff (counterclaim)

CHEN CHIEN LIN

Defendant (original Action); Plaintiff (counterclaim)

CHAN KWAI YING alias WENDY CHAN trading as KIN WAI BLEACHING & DYEING FACTORY

Defendant (original Action); Defendant (counterclaim)

YING FUNG DISTILLERY LIMITED

1st Defendant (counterclaim)

RICHARD BRYSON

3rd Defendant (counterclaim)

MICHAEL C. SETO

3rd Defendant (counterclaim)

Procedural Posture

Civil Strike Out Application / Hearing on Notice of Motion to Strike Out (5 June 1990)

Legal Issues

  1. 1 Whether an application to strike out pleadings should be made by summons before a master under Order 32 r11
  2. 2 Whether issuing a notice of motion to strike out improperly bypasses the master's jurisdiction and avoids referral/appeal procedures
  3. 3 Whether Whitebook guidance for Chancery Division applies in Hong Kong where there are no divisions of the High Court

Ratio Decidendi

The correct procedure for striking out pleadings in Hong Kong is by summons before a master under Order 32 r11; issuing a notice of motion to strike out in open court improperly bypasses the master's jurisdiction and the referral/appeal process, and therefore the motions were dismissed with costs.

Court Disposition

Motions dismissed with costs

Orders

  • Motions dismissed with costs