ANTHONY CHARLES DESIR v. AJAX PONG MACHINERY LEASING LTD AND ANOTHER

ANTHONY CHARLES DESIR v. AJAX PONG MACHINERY LEASING LTD AND ANOTHER

The court revoked Master J. Ko's order because the interrogatories were not necessary for the fair disposal of the cause nor for saving costs given (a) the plaintiff had withdrawn the Assignment Argument, (b) Universal Gold had been struck off and could not realistically have assigned or contracted absent expert evidence on Cayman law, and (c) there was sufficient existing material (disclosed assignment letter, invoices, plaintiff's affirmative answer to existence of acceptance) to proceed; accordingly the plaintiff showed sufficient cause under Order 26 r.8. The plaintiff's answers filed on 26 April 2005 remain in the court file; the separate summons for further answers is dismissed;...

Citation
ANTHONY CHARLES DESIR v. AJAX PONG MACHINERY LEASING LTD AND ANOTHER
Parties
Plaintiff: Anthony Charles Desir; 1st Defendant: Ajax Pong Machinery Leasing Limited; 2nd Defendant: Ajax Pong (Holdings) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 September 2005
Case Number
DCCJ16078/2000
Procedural Posture
Civil Contractual Dispute (interlocutory Applications) / Interlocutory/pre Trial (revocation of Interrogatories Order)
Outcome
Revocation Summons granted in part; Master J. Ko's Order paragraphs 1 and 2 revoked; Sufficient Answer Summons dismissed; plaintiff's affirmation answer to interrogatories to remain in court file; no order as to costs (each party bears own costs).
Legal Topics
Interrogatories, Revocation Under Order 26 R.8, Assignment of Contractual Rights, Struck Off Company Effect, Costs
Source Language
EN
Civil Procedure Contract Company Law Discovery/interrogatories Interrogatories Revocation Under Order 26 R.8 Assignment of Contractual Rights Struck Off Company Effect +1 more

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Parties

Anthony Charles Desir

Plaintiff

Ajax Pong Machinery Leasing Limited

1st Defendant

Ajax Pong (Holdings) Limited

2nd Defendant

Procedural Posture

Civil Contractual Dispute (interlocutory Applications) / Interlocutory/pre Trial (revocation of Interrogatories Order)

Legal Issues

  1. 1 Whether Master J. Ko's order for interrogatories should be revoked under Order 26 r.8
  2. 2 Whether the plaintiff's answers to the interrogatories were sufficient
  3. 3 Whether the interrogatories were relevant and necessary for fair disposal or saving costs

Ratio Decidendi

The court revoked Master J. Ko's order because the interrogatories were not necessary for the fair disposal of the cause nor for saving costs given (a) the plaintiff had withdrawn the Assignment Argument, (b) Universal Gold had been struck off and could not realistically have assigned or contracted absent expert evidence on Cayman law, and (c) there was sufficient existing material (disclosed assignment letter, invoices, plaintiff's affirmative answer to existence of acceptance) to proceed; accordingly the plaintiff showed sufficient cause under Order 26 r.8. The plaintiff's answers filed on 26 April 2005 remain in the court file; the separate summons for further answers is dismissed;...

Court Disposition

Revocation Summons granted in part; Master J. Ko's Order paragraphs 1 and 2 revoked; Sufficient Answer Summons dismissed; plaintiff's affirmation answer to interrogatories to remain in court file; no order as to costs (each party bears own costs).

Orders

  • Paragraphs 1 and 2 of Master J. Ko's Order dated 20 April 2005 are revoked
  • The Answer to the Interrogatories upon affirmation filed by the Plaintiff on 26 April 2005 shall remain in the Court file and form part of the pleading documents