GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

The 1st Plaintiff failed to prove it was 'not familiar' with Chinese for s5(1) purposes because it did not demonstrate that none of its directors, employees or agents (including solicitors acting as its agent) were familiar with Chinese; the plaintiffs' solicitors are bilingual and act as agents, so the statutory request under s5(1)/(4) was not established and the request was not reasonable under s5(5)(a). Nonetheless, exercising the court’s case management power under s4, the court ordered the Defendants to provide an English translation of the Defence and Counterclaim and of any further Chinese documents to be filed and served to facilitate just and expeditious disposal of the action.

Citation
GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER
Parties
1st Plaintiff: Grant Thornton International Limited; 2nd Plaintiff: Jonathan Russell Leong; 3rd Plaintiff: Ringo Chiu Wing Cheung; 4th Plaintiff: Andrew Lam Hung Yun; 5th Plaintiff: Gary Terence James; 6th Plaintiff: Lo Ngai Hang (aka Tony Lo Ngai Hang); 7th Plaintiff: Au Yiu Kwan (aka Alvin Au Yiu Kwan); 8th Plaintiff: Li Wing Yin (aka Amos Li Wing Yin); 9th Plaintiff: Norman Twui Ka Che; 1st Defendant: Tang Chung Wah (aka Alan Tang); 2nd Defendant: Lee Fung Ying (aka Alison Wong)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 March 2013
Case Number
HCCL17/2012
Procedural Posture
Commercial Action (court of First Instance) / Chambers Hearing: Interlocutory Application Under High Court Civil Procedure (use of Language) Rules S5(4) for Translation; Reasons for Decision
Outcome
Plaintiffs' application under s5(4) dismissed for failure to establish entitlement; court nevertheless directed translations by exercise of case management powers under s4; costs ordered nisi.
Legal Topics
Use of Language in Proceedings, Translation Orders, Service of Documents, Case Management, Costs
Source Language
EN
Civil Procedure Court Administration Company Law Use of Language in Proceedings Translation Orders Service of Documents Case Management Costs

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Parties

Grant Thornton International Limited

1st Plaintiff

Jonathan Russell Leong

2nd Plaintiff

Ringo Chiu Wing Cheung

3rd Plaintiff

Andrew Lam Hung Yun

4th Plaintiff

Gary Terence James

5th Plaintiff

Lo Ngai Hang (aka Tony Lo Ngai Hang)

6th Plaintiff

Au Yiu Kwan (aka Alvin Au Yiu Kwan)

7th Plaintiff

Li Wing Yin (aka Amos Li Wing Yin)

8th Plaintiff

Norman Twui Ka Che

9th Plaintiff

Tang Chung Wah (aka Alan Tang)

1st Defendant

Lee Fung Ying (aka Alison Wong)

2nd Defendant

Procedural Posture

Commercial Action (court of First Instance) / Chambers Hearing: Interlocutory Application Under High Court Civil Procedure (use of Language) Rules S5(4) for Translation; Reasons for Decision

Legal Issues

  1. 1 Whether a corporation can be regarded as 'not familiar' with an official language under s5(1) of the Rules
  2. 2 Whether the 1st Plaintiff validly made a request within the 3 day period under s5(2) and s5(3)
  3. 3 Whether the request for certified English translation was reasonable under s5(5)(a)

Ratio Decidendi

The 1st Plaintiff failed to prove it was 'not familiar' with Chinese for s5(1) purposes because it did not demonstrate that none of its directors, employees or agents (including solicitors acting as its agent) were familiar with Chinese; the plaintiffs' solicitors are bilingual and act as agents, so the statutory request under s5(1)/(4) was not established and the request was not reasonable under s5(5)(a). Nonetheless, exercising the court’s case management power under s4, the court ordered the Defendants to provide an English translation of the Defence and Counterclaim and of any further Chinese documents to be filed and served to facilitate just and expeditious disposal of the action.

Court Disposition

Plaintiffs' application under s5(4) dismissed for failure to establish entitlement; court nevertheless directed translations by exercise of case management powers under s4; costs ordered nisi.

Orders

  • Defendants to provide to the Plaintiffs and file in court an English translation of their Defence and Counterclaim within 14 days from date of order
  • Defendants to provide to the Plaintiffs and file in court an English translation of all further Chinese documents to be filed in court and served by them on the Plaintiffs