KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.

KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.

The judge declined to make a costs order against Kader and refused to penalise Galco despite delay; the appropriate remedy was to order that the costs of the summons (and of the earlier 4 April 1995 hearing) be in the cause, no further orders on the summons were necessary at that time, and further review and listing directions should be pursued toward the end of July 1995 with potential trial dates to be sought for January 1996.

Citation
KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.
Parties
Plaintiff/defendant (consolidated Actions): Galco International Toys N.V.; Defendant/plaintiff (consolidated Actions): Kader Industrial Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 1995
Case Number
HCA320/1991
Procedural Posture
Civil (consolidated Actions) / Interlocutory (summons for Unless Order, Review and Discovery; Pre Trial Directions)
Outcome
Summons not the basis for a costs award against either party; costs ordered to be in the cause; no further orders on the summons; further review to be held end of July 1995; order nisi that costs of 4 April 1995 matter be in the cause; trial to be considered for January 1996.
Legal Topics
Unless Order, Further and Better Particulars, Document Discovery, Costs in the Cause, Trial Listing
Source Language
EN
Civil Procedure Discovery Costs Pre Trial Directions Unless Order Further and Better Particulars Document Discovery Costs in the Cause +1 more

Case Brief

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Parties

Galco International Toys N.V.

Plaintiff/defendant (consolidated Actions)

Kader Industrial Company Limited

Defendant/plaintiff (consolidated Actions)

Procedural Posture

Civil (consolidated Actions) / Interlocutory (summons for Unless Order, Review and Discovery; Pre Trial Directions)

Legal Issues

  1. 1 Whether an unless order should be enforced against Galco for failure to serve particulars
  2. 2 Whether Galco was culpably tardy in providing further particulars and discovery
  3. 3 Whether costs should be awarded and to whom

Ratio Decidendi

The judge declined to make a costs order against Kader and refused to penalise Galco despite delay; the appropriate remedy was to order that the costs of the summons (and of the earlier 4 April 1995 hearing) be in the cause, no further orders on the summons were necessary at that time, and further review and listing directions should be pursued toward the end of July 1995 with potential trial dates to be sought for January 1996.

Court Disposition

Summons not the basis for a costs award against either party; costs ordered to be in the cause; no further orders on the summons; further review to be held end of July 1995; order nisi that costs of 4 April 1995 matter be in the cause; trial to be considered for January 1996.

Orders

  • Costs of the summons to be in the cause
  • No further orders made on the summons at this time