SHIH-HUA INVESTMENT CO., LTD v. ZHANG AIDONG AND OTHERS

SHIH-HUA INVESTMENT CO., LTD v. ZHANG AIDONG AND OTHERS

The summons to adduce further evidence was dismissed because it sought late evidence at an interlocutory stage in breach of an unless order, the evidence could not be tested by cross-examination, and its admission would prejudice the petitioner by denying opportunity to reply and undermining finality.

Citation
SHIH-HUA INVESTMENT CO., LTD v. ZHANG AIDONG AND OTHERS
Parties
Petitioner: SHIH-HUA INVESTMENT CO., LTD; 1st Respondent: ZHANG AIDONG; 2nd Respondent: MOTIVI POINT CONSULTANT LIMITED; 3rd Respondent: EVERGLORY ENERGY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 January 2017
Case Number
HCCW198/2016
Procedural Posture
Companies (winding Up) Proceedings / Interlocutory Applications — Application to Adduce Further Evidence (chambers)
Outcome
Summons to adduce further evidence dismissed
Legal Topics
Winding Up, Admission of Further Evidence, Interlocutory Relief, Costs
Source Language
EN
Company Law Insolvency Law Civil Procedure Evidence Winding Up Admission of Further Evidence Interlocutory Relief Costs

Case Brief

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Parties

SHIH-HUA INVESTMENT CO., LTD

Petitioner

ZHANG AIDONG

1st Respondent

MOTIVI POINT CONSULTANT LIMITED

2nd Respondent

EVERGLORY ENERGY LIMITED

3rd Respondent

Procedural Posture

Companies (winding Up) Proceedings / Interlocutory Applications — Application to Adduce Further Evidence (chambers)

Legal Issues

  1. 1 Whether further evidence should be admitted at interlocutory stage
  2. 2 Whether lateness and non-compliance with an unless order justify refusal
  3. 3 Whether admission would cause prejudice by depriving the petitioner of opportunity to reply and to cross-examine

Ratio Decidendi

The summons to adduce further evidence was dismissed because it sought late evidence at an interlocutory stage in breach of an unless order, the evidence could not be tested by cross-examination, and its admission would prejudice the petitioner by denying opportunity to reply and undermining finality.

Court Disposition

Summons to adduce further evidence dismissed

Orders

  • Summons dismissed with costs to the petitioner
  • Certificate for two counsel awarded