HINGONE INVESTMENT CO LTD v. LEUNG TUNG HOI AND ANOTHER

HINGONE INVESTMENT CO LTD v. LEUNG TUNG HOI AND ANOTHER

Both summonses were dismissed: the application for sequential trial was dismissed as improperly constituted, premature and without merit given differing parties and issues; the application to file further witness statements was dismissed as late, contradictory to earlier statements and contrary to confirmations at the PTR; leave to appeal was refused; costs awarded to the plaintiff on an indemnity basis.

Citation
HINGONE INVESTMENT CO LTD v. LEUNG TUNG HOI AND ANOTHER
Parties
Plaintiff (original Action); 3rd Defendant (counterclaim): HINGONE INVESTMENT COMPANY LIMITED; 1st Defendant (original Action); 1st Plaintiff (counterclaim): LEUNG TUNG HOI; 2nd Defendant (original Action); 2nd Plaintiff (counterclaim): LEE YUET WAH; 1st Defendant (counterclaim): MICHAEL YAP; 2nd Defendant (counterclaim): WIN TALENT DEVELOPMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2015
Case Number
HCA1119/2011
Procedural Posture
Civil Action (hca 1119/2011) / Pre Trial (post Ptr, Applications for Directions and Evidence; Trial Listed)
Outcome
Both summonses dismissed; application for leave to appeal refused; costs to plaintiff on an indemnity basis.
Legal Topics
Consolidation/sequential Trial, Admission of Late Witness Statements, Possession, Share Transfer Validity, Costs (indemnity)
Source Language
EN
Civil Procedure Company Law Property Law Consolidation/sequential Trial Admission of Late Witness Statements Possession Share Transfer Validity Costs (indemnity)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HINGONE INVESTMENT COMPANY LIMITED

Plaintiff (original Action); 3rd Defendant (counterclaim)

LEUNG TUNG HOI

1st Defendant (original Action); 1st Plaintiff (counterclaim)

LEE YUET WAH

2nd Defendant (original Action); 2nd Plaintiff (counterclaim)

MICHAEL YAP

1st Defendant (counterclaim)

WIN TALENT DEVELOPMENT LIMITED

2nd Defendant (counterclaim)

Procedural Posture

Civil Action (hca 1119/2011) / Pre Trial (post Ptr, Applications for Directions and Evidence; Trial Listed)

Legal Issues

  1. 1 Whether HCA 1119/2011 should be heard sequentially with HCA 1997/2011 or consolidated
  2. 2 Whether defendants should be permitted to file further (late) witness statements and a new witness statement from Lee Cheuk-kwon
  3. 3 Whether leave to appeal should be granted from the decision on the summonses

Ratio Decidendi

Both summonses were dismissed: the application for sequential trial was dismissed as improperly constituted, premature and without merit given differing parties and issues; the application to file further witness statements was dismissed as late, contradictory to earlier statements and contrary to confirmations at the PTR; leave to appeal was refused; costs awarded to the plaintiff on an indemnity basis.

Court Disposition

Both summonses dismissed; application for leave to appeal refused; costs to plaintiff on an indemnity basis.

Orders

  • Dismissed summons seeking sequential trial/consolidation between HCA 1119/2011 and HCA 1997/2011
  • Dismissed summons to file further/supplemental witness statements including statement of Lee Cheuk-kwon