ZHAO LONG AND ANOTHER v. BERPU TECHNOLOGY CO LTD AND ANOTHER

ZHAO LONG AND ANOTHER v. BERPU TECHNOLOGY CO LTD AND ANOTHER

Leave to file a Rebutter was not granted because the court exercised its case management powers to require consolidated fresh pleadings within a fixed timetable, thereby addressing the parties' need to respond to new matters while limiting pleadings to three sets; the matter is to be docketed to a Master and assignment to a trial judge is deferred until after those pleadings are filed; costs of the hearing are to be in the cause.

Citation
[2023] HKCFI 1795
Parties
1st Plaintiff: Zhao Long; 2nd Plaintiff: Endushantum Investments Co., Ltd; 1st Defendant: Berpu Technology Co., Limited; 2nd Defendant: Provision Investment Co., Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2023
Case Number
HCA1156/2021
Procedural Posture
Civil Action (commercial/proprietary Dispute) / Case Management Hearing — Pleadings Consolidation Stage (pre‑trial)
Outcome
Rebutter leave not granted; directions given to consolidate pleadings into three fresh pleadings; matter docketed to a Master; assignment to a Judge deferred; costs in the cause.
Legal Topics
Amalgamation of Pleadings, Recognition and Enforcement of Foreign Judgments, Knowing Receipt, Leave to File Pleadings (rebutter), Further and Better Particulars, Assignment to Trial Judge, Costs in the Cause
Source Language
EN
Civil Procedure Private International Law Property/equitable Remedies Amalgamation of Pleadings Recognition and Enforcement of Foreign Judgments Knowing Receipt Leave to File Pleadings (rebutter) Further and Better Particulars +2 more

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Parties

Zhao Long

1st Plaintiff

Endushantum Investments Co., Ltd

2nd Plaintiff

Berpu Technology Co., Limited

1st Defendant

Provision Investment Co., Limited

2nd Defendant

Procedural Posture

Civil Action (commercial/proprietary Dispute) / Case Management Hearing — Pleadings Consolidation Stage (pre‑trial)

Legal Issues

  1. 1 Whether leave should be granted to file a Rebutter
  2. 2 Whether multiple sets of pleadings should be amalgamated into three consolidated pleadings
  3. 3 Whether the case should be assigned to a trial judge at an early stage

Ratio Decidendi

Leave to file a Rebutter was not granted because the court exercised its case management powers to require consolidated fresh pleadings within a fixed timetable, thereby addressing the parties' need to respond to new matters while limiting pleadings to three sets; the matter is to be docketed to a Master and assignment to a trial judge is deferred until after those pleadings are filed; costs of the hearing are to be in the cause.

Court Disposition

Rebutter leave not granted; directions given to consolidate pleadings into three fresh pleadings; matter docketed to a Master; assignment to a Judge deferred; costs in the cause.

Orders

  • Within 28 days the Defendants shall file and serve requests for further and better particulars of the existing pleadings if so advised
  • Within 28 days thereafter the Plaintiffs shall file and serve a Fresh Statement of Claim consolidating their case and including answers to any requests for further and better particulars