CCM EARTH LTD AND OTHERS v. ALFA GCM LTD

CCM EARTH LTD AND OTHERS v. ALFA GCM LTD

The court agreed with the master that the defendant has a real prospect of success but refused to admit further evidence on appeal because the evidence could have been obtained with reasonable diligence; the master did not err in imposing the condition of payment into court of HK$1,000,000 given the defendant's delay and conduct; accordingly the appeal was dismissed and the master's order stands.

Citation
[2018] HKCFI 350
Parties
1st Plaintiff: CCM Earth Limited; 2nd Plaintiff: Total Planning Limited; 3rd Plaintiff: Amazing Fair Limited; 4th Plaintiff: Sakoh Takao; Defendant: ALFA GCM Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 2018
Case Number
HCA1210/2016
Procedural Posture
Civil Action for Damages for Misrepresentation / Appeal From Master's Interlocutory Decision on Application to Set Aside Default Judgment; Interlocutory Stage
Outcome
Appeal dismissed; defendant's summons dated 5 January 2018 dismissed
Legal Topics
Setting Aside Default Judgment, Interlocutory Judgment, Payment Into Court, Admission of Fresh Evidence on Appeal, Discovery and Prejudice, Assessment of Damages, Order 37 Proceedings, Ladd V Marshall Rule
Source Language
EN
Civil Procedure Tort Contract Company Law Setting Aside Default Judgment Interlocutory Judgment Payment Into Court Admission of Fresh Evidence on Appeal +4 more

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Parties

CCM Earth Limited

1st Plaintiff

Total Planning Limited

2nd Plaintiff

Amazing Fair Limited

3rd Plaintiff

Sakoh Takao

4th Plaintiff

ALFA GCM Limited

Defendant

Procedural Posture

Civil Action for Damages for Misrepresentation / Appeal From Master's Interlocutory Decision on Application to Set Aside Default Judgment; Interlocutory Stage

Legal Issues

  1. 1 Whether the regularly entered default interlocutory judgment should be set aside
  2. 2 Whether the master properly imposed a condition of payment into court of HK$1,000,000 for setting aside the judgment
  3. 3 Whether further evidence (third affirmation and financial statements) should be admitted on appeal under Ladd v Marshall

Ratio Decidendi

The court agreed with the master that the defendant has a real prospect of success but refused to admit further evidence on appeal because the evidence could have been obtained with reasonable diligence; the master did not err in imposing the condition of payment into court of HK$1,000,000 given the defendant's delay and conduct; accordingly the appeal was dismissed and the master's order stands.

Court Disposition

Appeal dismissed; defendant's summons dated 5 January 2018 dismissed

Orders

  • The defendant's summons dated 5 January 2018 is dismissed
  • The appeal against the master's decision is dismissed