GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER

GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER

The master’s order dismissing the summons was upheld: the applications were refused because of inordinate and unexplained delay, the supplemental witness statement contained substantial new and in many parts inadmissible evidence (including opinion/speculation by a lay witness on expert matters), and allowing the...

Source-derived case information.

Citation
[2024] HKCFI 2829
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Giant Harvest Limited; 1st Defendant (original Action); Appellant: Nan Hai Corporation Limited; 2nd Defendant (original Action); Plaintiff (by Counterclaim); Appellant: True Vision Limited; 2nd Defendant (by Counterclaim): Orange Sky Golden Harvest Entertainment (Holdings) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2024
Case Number
HCA2560/2018
Procedural Posture
Civil Commercial Dispute; Appeal From Master's Interlocutory Order / Pre Trial Interlocutory Appeal (ptr Fixed; Trial Scheduled)
Outcome
Appeal dismissed; Order of Master Kay Seto dated 24 June 2024 affirmed
Legal Topics
Amendment of Pleadings, Late Evidence / Supplemental Witness Statements, Disclosure / Lists of Documents, Prejudice and Case Management, Civil Justice Reform (cjr) Compliance
Source Language
en
Contract Civil Procedure Evidence Commercial Law Company Law Amendment of Pleadings Late Evidence / Supplemental Witness Statements Disclosure / Lists of Documents +2 more

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Parties

Giant Harvest Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

Nan Hai Corporation Limited

1st Defendant (original Action); Appellant

True Vision Limited

2nd Defendant (original Action); Plaintiff (by Counterclaim); Appellant

Orange Sky Golden Harvest Entertainment (Holdings) Limited

2nd Defendant (by Counterclaim)

Procedural Posture

Civil Commercial Dispute; Appeal From Master's Interlocutory Order / Pre Trial Interlocutory Appeal (ptr Fixed; Trial Scheduled)

Legal Issues

  1. 1 Whether leave should be granted to amend defence and counterclaim close to trial
  2. 2 Whether leave should be granted to serve a supplemental witness statement three months before trial
  3. 3 Whether a supplemental list of documents (late disclosure) should be admitted

Ratio Decidendi

The master’s order dismissing the summons was upheld: the applications were refused because of inordinate and unexplained delay, the supplemental witness statement contained substantial new and in many parts inadmissible evidence (including opinion/speculation by a lay witness on expert matters), and allowing the applications so close to trial would cause real, irremediable prejudice that could not be compensated by costs; accordingly leave to amend pleadings, to adduce the supplemental statement and to file the additional list of documents was refused and the appeal dismissed.

Court Disposition

Appeal dismissed; Order of Master Kay Seto dated 24 June 2024 affirmed

Orders

  • Appeal dismissed
  • Nanhai Parties to pay costs of OSGH Parties assessed summarily at HK$850,000 to be paid forthwith