CHARM MASTER ENTERPRISES LTD v. GRAND T G GOLD HOLDINGS LTD

CHARM MASTER ENTERPRISES LTD v. GRAND T G GOLD HOLDINGS LTD

Although the Second Summons prima facie amounted to an abuse because it sought the same relief as the dismissed First Summons and evidence had been inadequately presented earlier, a holistic assessment showed payment of HK$12,000,000 into court and the balance of prejudice made it just and reasonable to extend time; the order of 12 November 2020 contained a sanction permitting relief under Order 2 r.5 RHC; accordingly the court granted extension of time, leave to amend and relief from sanction, and ordered costs against D1 in favour of D2 (summarily assessed).

Citation
[2021] HKCFI 326
Parties
Plaintiff: Charm Master Enterprises Limited; 1st Defendant: Grand T G Gold Holdings Limited; 2nd Defendant: J Thomson Asset Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 February 2021
Case Number
HCA397/2011
Procedural Posture
Civil Summary Judgment / Interlocutory Applications / Interlocutory (applications for Extension of Time, Amendment and Relief From Sanction)
Outcome
Extension of time granted to 1st Defendant; amendment allowed; relief from sanction granted under Order 2 r.5 RHC; costs awarded against 1st Defendant to 2nd Defendant with summary assessment; other directions given.
Legal Topics
Extension of Time, Relief From Sanction (order 2 Rule 5), Abuse of Process, Payment Into Court, Summary Judgment, Interpleader
Source Language
EN
Civil Procedure Commercial Litigation Enforcement Costs Extension of Time Relief From Sanction (order 2 Rule 5) Abuse of Process Payment Into Court +2 more

Case Brief

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Parties

Charm Master Enterprises Limited

Plaintiff

Grand T G Gold Holdings Limited

1st Defendant

J Thomson Asset Investment Limited

2nd Defendant

Procedural Posture

Civil Summary Judgment / Interlocutory Applications / Interlocutory (applications for Extension of Time, Amendment and Relief From Sanction)

Legal Issues

  1. 1 Whether the Second Summons was an abuse of process by repeating relief sought in a dismissed First Summons
  2. 2 Whether payment into court constituted a material change of circumstances justifying a second application
  3. 3 Whether the order of 12 November 2020 contained a sanction enabling relief under Order 2 rule 5 RHC

Ratio Decidendi

Although the Second Summons prima facie amounted to an abuse because it sought the same relief as the dismissed First Summons and evidence had been inadequately presented earlier, a holistic assessment showed payment of HK$12,000,000 into court and the balance of prejudice made it just and reasonable to extend time; the order of 12 November 2020 contained a sanction permitting relief under Order 2 r.5 RHC; accordingly the court granted extension of time, leave to amend and relief from sanction, and ordered costs against D1 in favour of D2 (summarily assessed).

Court Disposition

Extension of time granted to 1st Defendant; amendment allowed; relief from sanction granted under Order 2 r.5 RHC; costs awarded against 1st Defendant to 2nd Defendant with summary assessment; other directions given.

Orders

  • Extend time for compliance with the Condition to 14 January 2021
  • Abridge time and grant leave to amend the Second Summons to add application for relief from sanction