COCOA MERCHANTS LIMITED v. FERRYVIEW HOLDINGS INC. AND OTHERS

COCOA MERCHANTS LIMITED v. FERRYVIEW HOLDINGS INC. AND OTHERS

The application to administer interrogatories was allowed in part because (1) the Reply raised detailed factual issues within the Intervener's knowledge and no further pleadings would narrow them, (2) interrogatories were necessary to establish the history and availability of the shares and antecedent loans relevant to whether the 2nd defendant had an asset capable of execution, and (3) the court may order interrogatories probing whether the Intervener carried on a money‑lending business including loans to non‑family persons. Answers must be given to the best of the Intervener's information, knowledge and belief. Specific interrogatories were allowed with textual amendments (notably...

Citation
COCOA MERCHANTS LIMITED v. FERRYVIEW HOLDINGS INC. AND OTHERS
Parties
Plaintiff: Cocoa Merchants Limited; 1st Defendant: Ferryview Holdings Inc.; 2nd Defendant: Chuang Ming Chi (also known as Ming Chi Chuang); Intervener: Tan Sri Lim Ching Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 November 1986
Case Number
HCA1346/1984
Procedural Posture
Civil / Interlocutory (application for Interrogatories)
Outcome
Interlocutory application to administer interrogatories granted in part
Legal Topics
Interrogatories, Beneficial Ownership, Execution of Judgment, Money Lending, Discovery, Shareholders' Agreement, Pleading
Source Language
EN
Civil Procedure Equity Company Law Insolvency Trusts Debt Recovery Interrogatories Beneficial Ownership +5 more

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Parties

Cocoa Merchants Limited

Plaintiff

Ferryview Holdings Inc.

1st Defendant

Chuang Ming Chi (also known as Ming Chi Chuang)

2nd Defendant

Tan Sri Lim Ching Wah

Intervener

Procedural Posture

Civil / Interlocutory (application for Interrogatories)

Legal Issues

  1. 1 Whether the plaintiff should be permitted to administer interrogatories to the Intervener
  2. 2 Whether the Intervener had a beneficial interest in the shares at the time of execution against the 2nd defendant
  3. 3 Whether the 2nd defendant possessed assets or interests in the shares capable of being executed upon

Ratio Decidendi

The application to administer interrogatories was allowed in part because (1) the Reply raised detailed factual issues within the Intervener's knowledge and no further pleadings would narrow them, (2) interrogatories were necessary to establish the history and availability of the shares and antecedent loans relevant to whether the 2nd defendant had an asset capable of execution, and (3) the court may order interrogatories probing whether the Intervener carried on a money‑lending business including loans to non‑family persons. Answers must be given to the best of the Intervener's information, knowledge and belief. Specific interrogatories were allowed with textual amendments (notably...

Court Disposition

Interlocutory application to administer interrogatories granted in part

Orders

  • Interrogatories 56 to 59 permitted; answers to be given to the best of the Intervener's information, knowledge and belief
  • Interrogatories 68 and 80 to 83 permitted