CHEN HONGQING v. LIU YIU KEUNG STEPHEN AND OTHERS

CHEN HONGQING v. LIU YIU KEUNG STEPHEN AND OTHERS

The court allowed the defendants' Amendment Applications to narrow their pleaded case, held the interrogatories disallowed because the Notarial Repayment and its withdrawal are not relevant to the parties' pleaded cases and do not meet the stringent necessity test, and struck out the plaintiff's impugned paragraphs as outside the leave granted and as disclosing no reasonable defence or relevant case; accordingly the appeal was dismissed and the Striking Out Application allowed.

Citation
[2025] HKCFI 3612
Parties
Plaintiff: Chen HQ; Defendants: SH Defendants (SHDs); Defendant/counterclaimant: Jinan Group; Defendants (original Action): 1st to 3rd Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 August 2025
Case Number
HCA1699/2019
Procedural Posture
Civil Appeal Against Interlocutory Master Order and Consolidated Striking Out Application Arising From Multi Defendant Commercial Dispute / Decision on Appeal and Striking Out Application (high Court, Court of First Instance)
Outcome
Appeal dismissed; Striking Out Application allowed
Legal Topics
Interrogatories, Amendment of Pleadings, Striking Out Pleadings, Notarial Deposit, Beneficial Ownership of Shares, Negative Pledge Clause, Case Management
Source Language
EN
Civil Procedure Company Law Trusts Contract Agency Property Law Conflict of Laws (prc Notarial Practice) Interrogatories +6 more

Case Brief

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Parties

Chen HQ

Plaintiff

SH Defendants (SHDs)

Defendants

Jinan Group

Defendant/counterclaimant

1st to 3rd Defendants

Defendants (original Action)

Procedural Posture

Civil Appeal Against Interlocutory Master Order and Consolidated Striking Out Application Arising From Multi Defendant Commercial Dispute / Decision on Appeal and Striking Out Application (high Court, Court of First Instance)

Legal Issues

  1. 1 Whether the proposed amendments to defendants' pleadings should be permitted
  2. 2 Whether the interrogatories administered against Jinan Group and 8 Representatives relate to matters in question and are necessary
  3. 3 Whether the plaintiff's re-amendments concerning the Notarial Repayment exceed leave and should be struck out

Ratio Decidendi

The court allowed the defendants' Amendment Applications to narrow their pleaded case, held the interrogatories disallowed because the Notarial Repayment and its withdrawal are not relevant to the parties' pleaded cases and do not meet the stringent necessity test, and struck out the plaintiff's impugned paragraphs as outside the leave granted and as disclosing no reasonable defence or relevant case; accordingly the appeal was dismissed and the Striking Out Application allowed.

Court Disposition

Appeal dismissed; Striking Out Application allowed

Orders

  • Appeal dismissed in its entirety
  • Impugned paragraphs (4CA to 4F, last sentence of para 10F and para 10G(2A)) struck out of CHQ/RRAR&DC and CHQ/RRAReply