CHINA CONSTRUCTION REALTY LTD v. LUCKY DRAGON LTD AND OTHERS

CHINA CONSTRUCTION REALTY LTD v. LUCKY DRAGON LTD AND OTHERS

The summons to admit the supplemental witness statement and second affirmation was dismissed because Empire Star and Zhang failed to comply with the unless order without a satisfactory explanation, their disclosure was late and selective, and allowing the material at this late stage would unfairly prejudice the...

Source-derived case information.

Citation
CHINA CONSTRUCTION REALTY LTD v. LUCKY DRAGON LTD AND OTHERS
Parties
Plaintiff: China Construction Realty Limited; 1st Defendant: Lucky Dragon Limited; 2nd Defendant: China International Club Limited; 3rd Defendant: China Entertainment Limited; 4th Defendant: Empire Star Holdings Limited; 1st Respondent (hcmp 159/2015): Zhang Xi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2015
Case Number
HCA1237/2012
Procedural Posture
Civil Action Under Conveyancing and Property Law With Related Contempt Proceedings / Interlocutory Pre Trial Application to Admit Supplemental Evidence and Application for Relief From Sanction; Contempt Proceedings Pending (hcmp 159/2015)
Outcome
Summons dismissed; relief from sanction under Order 2 rule 5(1) refused
Legal Topics
Voidable Transactions, Section 60 Conveyancing and Property Ordinance, Supplemental Witness Evidence, Failure to Comply With Unless Order, Specific Discovery, Variation of Injunction to Purge Contempt
Source Language
en
Conveyancing Fraud Civil Contempt Injunctions Discovery and Disclosure Voidable Transactions Section 60 Conveyancing and Property Ordinance Supplemental Witness Evidence +3 more

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Parties

China Construction Realty Limited

Plaintiff

Lucky Dragon Limited

1st Defendant

China International Club Limited

2nd Defendant

China Entertainment Limited

3rd Defendant

Empire Star Holdings Limited

4th Defendant

Zhang Xi

1st Respondent (hcmp 159/2015)

Procedural Posture

Civil Action Under Conveyancing and Property Law With Related Contempt Proceedings / Interlocutory Pre Trial Application to Admit Supplemental Evidence and Application for Relief From Sanction; Contempt Proceedings Pending (hcmp 159/2015)

Legal Issues

  1. 1 Whether leave should be granted to file and serve a supplemental witness statement and second affirmation at a late stage
  2. 2 Whether relief from the sanction of an unless order should be granted under Order 2 rule 5(1) of the Rules of the High Court
  3. 3 Whether belated and selective discovery of accounting documents would unfairly prejudice the plaintiff and obstruct trial preparation

Ratio Decidendi

The summons to admit the supplemental witness statement and second affirmation was dismissed because Empire Star and Zhang failed to comply with the unless order without a satisfactory explanation, their disclosure was late and selective, and allowing the material at this late stage would unfairly prejudice the plaintiff's ability to prepare for the imminent trial; accordingly relief from sanction under Order 2 rule 5(1) was refused and the application dismissed with costs nisi.

Court Disposition

Summons dismissed; relief from sanction under Order 2 rule 5(1) refused

Orders

  • Summons dated 30 June 2015 dismissed
  • Relief from the sanction of the unless order refused