ARROW ECS NORWAY AS v. M YANG TRADING LTD AND OTHERS

The plaintiff's claim against the 1st defendant is founded on mistake of fact and unjust enrichment and does not allege fraud or dishonesty by the 1st defendant; accordingly the fraud exception in Order 14 r 1(2)(b) does not apply and does not bar summary disposal on that ground, and the summons is adjourned with directions to permit affidavit evidence to be filed.

Citation: ARROW ECS NORWAY AS v. M YANG TRADING LTD AND OTHERS
Parties: Plaintiff: ARROW ECS NORWAY AS; 1st Defendant: M YANG TRADING LIMITED; 2nd Defendant: MIROGLIO FASHION SRL (EUROPE) LIMITED (formerly known as HONG KONG JYC LIMITED); 3rd Defendant: FOCUS (HK) DEVELOPMENT LIMITED; 4th Defendant: BAIYIHAO TRADING CO. LIMITED; 5th Defendant: YONGCHENG TRADING (HK) LIMITED; 6th Defendant: DADU TRADING LIMITED; 7th Defendant: DAQUAN TRADING LIMITED; 8th Defendant: HOLDER OF THE ACCOUNT NUMBERED 96511018135 at MEGA INTERNATIONAL COMMERCIAL BANK KNOWN AS "TOP MARINE CO. LIMITED"; 9th Defendant: YIYA INDUSTRIAL LIMITED; 10th Defendant: SUNNY STABLE LIMITED; 11th Defendant: RAISON LEATHER COMPANY LIMITED; 12th Defendant: FREYR POWER TECHNOLOGY CO. LIMITED; 13th Defendant: PASSION ABLE LIMITED; 14th Defendant: ALLIED LUCKY LIMITED; 15th Defendant: YUQING TRADE CO. LIMITED; 16th Defendant: HOLDER OF THE ACCOUNT NUMBERED 0096339731983 at CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED KNOWN AS "ZHANG QIANCHENG" (Discontinued); 17th Defendant: YEHUI TRADE COMPANY LIMITED; 18th Defendant: XIN CHENG HOLDINGS (INTERNATIONAL) COMPANY LIMITED (Discontinued); 19th Defendant: AILEY FU TRADING COMPANY LIMITED; 20th Defendant: FUYING COMMERCE AND TRADE COMPANY LIMITED; 21st Defendant: HOLDER OF THE ACCOUNT NUMBERED 0120177364219 at BANK OF CHINA (HONG KONG) LIMITED KNOWN AS "WENZHOU BOFA SHOES COMPANY LIMITED"; 22nd Defendant: HOLDER OF THE ACCOUNT NUMBERED 0120334912397 at CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED KNOWN AS "WENZHOU HANMEI SHOES COMPANY LIMITED"; 23rd Defendant: ZHIHONG TRADE LIMITED; 24th Defendant: WELL TALENT HK TRADING LIMITED; 25th Defendant: BILLION BENEFIT (HONG KONG) LIMITED; 26th Defendant: JIANCHENG TRADING COMPANY LIMITED
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 22 September 2016
Case Number: HCA239/2016
Procedural Posture: Civil Summary Judgment Application for Recovery of Funds / Interlocutory Application for Summary Judgment And/or Judgment on Admissions; Adjourned for Further Argument
Outcome: Summons adjourned for argument before a Judge in Chambers; court rules fraud exception under Order 14 r 1(2)(b) does not apply to plaintiff's claim against the 1st defendant; leave granted to file affidavit evidence as directed
Legal Topics: Summary Judgment, Order 14 Rule 1(2)(b) Fraud Exception, Mistake of Fact, Marvea Injunction, Bank Transfers, Adjournment, Affidavit Evidence
Source Language: EN

Civil Procedure Restitution Unjust Enrichment Banking Law Fraud Law Summary Judgment Order 14 Rule 1(2)(b) Fraud Exception Mistake of Fact +4 more

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Parties

ARROW ECS NORWAY AS

Plaintiff

M YANG TRADING LIMITED

1st Defendant

MIROGLIO FASHION SRL (EUROPE) LIMITED (formerly known as HONG KONG JYC LIMITED)

2nd Defendant

FOCUS (HK) DEVELOPMENT LIMITED

3rd Defendant

BAIYIHAO TRADING CO. LIMITED

4th Defendant

YONGCHENG TRADING (HK) LIMITED

5th Defendant

DADU TRADING LIMITED

6th Defendant

DAQUAN TRADING LIMITED

7th Defendant

HOLDER OF THE ACCOUNT NUMBERED 96511018135 at MEGA INTERNATIONAL COMMERCIAL BANK KNOWN AS "TOP MARINE CO. LIMITED"

8th Defendant

YIYA INDUSTRIAL LIMITED

9th Defendant

SUNNY STABLE LIMITED

10th Defendant

RAISON LEATHER COMPANY LIMITED

11th Defendant

FREYR POWER TECHNOLOGY CO. LIMITED

12th Defendant

PASSION ABLE LIMITED

13th Defendant

ALLIED LUCKY LIMITED

14th Defendant

YUQING TRADE CO. LIMITED

15th Defendant

HOLDER OF THE ACCOUNT NUMBERED 0096339731983 at CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED KNOWN AS "ZHANG QIANCHENG" (Discontinued)

16th Defendant

YEHUI TRADE COMPANY LIMITED

17th Defendant

XIN CHENG HOLDINGS (INTERNATIONAL) COMPANY LIMITED (Discontinued)

18th Defendant

AILEY FU TRADING COMPANY LIMITED

19th Defendant

FUYING COMMERCE AND TRADE COMPANY LIMITED

20th Defendant

HOLDER OF THE ACCOUNT NUMBERED 0120177364219 at BANK OF CHINA (HONG KONG) LIMITED KNOWN AS "WENZHOU BOFA SHOES COMPANY LIMITED"

21st Defendant

HOLDER OF THE ACCOUNT NUMBERED 0120334912397 at CHINA CONSTRUCTION BANK (ASIA) CORPORATION LIMITED KNOWN AS "WENZHOU HANMEI SHOES COMPANY LIMITED"

22nd Defendant

ZHIHONG TRADE LIMITED

23rd Defendant

WELL TALENT HK TRADING LIMITED

24th Defendant

BILLION BENEFIT (HONG KONG) LIMITED

25th Defendant

JIANCHENG TRADING COMPANY LIMITED

26th Defendant

Procedural Posture

Civil Summary Judgment Application for Recovery of Funds / Interlocutory Application for Summary Judgment And/or Judgment on Admissions; Adjourned for Further Argument

Legal Issues

1 Whether the fraud exception in Order 14 r 1(2)(b) applies to bar summary judgment
2 Whether the plaintiff's claim alleges fraud or dishonesty against the 1st defendant
3 Whether to grant time for the 1st defendant to file affidavit evidence in opposition

Ratio Decidendi

Court Disposition

Summons adjourned for argument before a Judge in Chambers; court rules fraud exception under Order 14 r 1(2)(b) does not apply to plaintiff's claim against the 1st defendant; leave granted to file affidavit evidence as directed

Orders

Summons adjourned to a date to be fixed for argument before a Judge in Chambers with 3 hours reserved
Liberty to the plaintiff to apply to fix the date for the adjourned hearing forthwith