KUOK LUEN (MACAU) AGENTE DE PROGRAMAS TELEVISIVOS LIMITADA & OTHERS v. TIDETIME SUN (GROUP) LTD AND OTHERS

KUOK LUEN (MACAU) AGENTE DE PROGRAMAS TELEVISIVOS LIMITADA & OTHERS v. TIDETIME SUN (GROUP) LTD AND OTHERS

The appeal is dismissed because the 1st defendant was not a party to the Formal Agreement and the plaintiffs have no arguable cause of action against it; alternatively, the plaintiffs' prolonged, inexcusable and unexplained delay (including ignoring court directions) constituted an abuse of process under Grovit v...

Source-derived case information.

Citation
KUOK LUEN (MACAU) AGENTE DE PROGRAMAS TELEVISIVOS LIMITADA & OTHERS v. TIDETIME SUN (GROUP) LTD AND OTHERS
Parties
1st Plaintiff: KUOK LUEN (MACAU) AGENTE DE PROGRAMAS TELEVISIVOS LIMITADA & OTHERS; 2nd Plaintiff: XU CHENGHAI; 3rd Plaintiff: LEE PING; 4th Plaintiff: CHEN JIANREN; 1st Defendant: TIDETIME SUN (GROUP) LIMITED (formerly SUN TELEVISION CYBERNETWORKS HOLDINGS LTD); 2nd Defendant: INVESTSOURCE LIMITED (formerly SUN TELEVISION CYBERNETWORKS COMPANY LTD)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2011
Case Number
HCA1456/2006
Procedural Posture
Contract Civil / Appeal Judgment
Outcome
Appeal dismissed; Master's order striking out the amended Statement of Claim and dismissing the action against the 1st defendant upheld
Legal Topics
Strike Out Under Order 18 R.19, Abuse of Process, Delay and Inordinate Delay (birkett V James), Grovit V Doctor Principle, Agency, Reflective Loss
Source Language
en
Contract Civil Procedure Company Law Strike Out Under Order 18 R.19 Abuse of Process Delay and Inordinate Delay (birkett V James) Grovit V Doctor Principle Agency +1 more

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Parties

KUOK LUEN (MACAU) AGENTE DE PROGRAMAS TELEVISIVOS LIMITADA & OTHERS

1st Plaintiff

XU CHENGHAI

2nd Plaintiff

LEE PING

3rd Plaintiff

CHEN JIANREN

4th Plaintiff

TIDETIME SUN (GROUP) LIMITED (formerly SUN TELEVISION CYBERNETWORKS HOLDINGS LTD)

1st Defendant

INVESTSOURCE LIMITED (formerly SUN TELEVISION CYBERNETWORKS COMPANY LTD)

2nd Defendant

Procedural Posture

Contract Civil / Appeal Judgment

Legal Issues

  1. 1 Whether the claim against the 1st defendant is obviously unsustainable because the 1st defendant is not a party to the Formal Agreement
  2. 2 Whether plaintiffs' prolonged unexplained delay amounts to an abuse of process under Grovit v Doctor and justifies striking out
  3. 3 Whether the Preliminary Agreement survived or bound the 1st defendant after execution of the Formal Agreement

Ratio Decidendi

The appeal is dismissed because the 1st defendant was not a party to the Formal Agreement and the plaintiffs have no arguable cause of action against it; alternatively, the plaintiffs' prolonged, inexcusable and unexplained delay (including ignoring court directions) constituted an abuse of process under Grovit v Doctor and justified striking out and dismissal, with costs to the 1st defendant.

Court Disposition

Appeal dismissed; Master's order striking out the amended Statement of Claim and dismissing the action against the 1st defendant upheld

Orders

  • Appeal dismissed
  • Amended Statement of Claim struck out as against the 1st defendant