A.C. AGROBIOLOGICAL CORPORATION AND ANOTHER v. BUCK SALES LIMITED AND OTHERS

A.C. AGROBIOLOGICAL CORPORATION AND ANOTHER v. BUCK SALES LIMITED AND OTHERS

The part of Centro's counterclaim based on the two specified assignments is severable under O.19 r.7(2); the court should not delay resolution pending related procedural appeals; accordingly an interim order was appropriate directing A.C. to take no further step in the proceedings except as directed by Centro, with costs of the counterclaim to date awarded to Centro; remaining issues were adjourned for future determination.

Citation
A.C. AGROBIOLOGICAL CORPORATION AND ANOTHER v. BUCK SALES LIMITED AND OTHERS
Parties
Plaintiff (original Action); 3rd Defendant (counterclaim): A. C. Agrobiological Corporation; 1st Defendant (original Action); 1st Defendant (counterclaim): Buck Sales Limited; 2nd Defendant (original Action); 2nd Defendant (counterclaim): Humphrey Bernard Maxwell; 3rd Defendant (original Action); Plaintiff (counterclaim): Centro Internationale Handelsbank Aktiengesellschaft
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 1986
Case Number
HCA4417/1985
Procedural Posture
Civil Action With Counterclaim (commercial Disputes) / Chambers Hearing on Interlocutory Summons for Judgment in Default of Defence; Application for Directions and Interim Relief
Outcome
Summons granted in part; interlocutory order made restraining A.C. from taking further steps except as directed by Centro; remainder of counterclaim adjourned.
Legal Topics
Default Judgment, Severability of Claims (o.19 R.7), Assignment of Causes of Action, Specific Performance, Declaration, Liquidation, Costs
Source Language
EN
Civil Procedure Company Law Contract Equity Default Judgment Severability of Claims (o.19 R.7) Assignment of Causes of Action Specific Performance +3 more

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Parties

A. C. Agrobiological Corporation

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

Buck Sales Limited

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

Humphrey Bernard Maxwell

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

Centro Internationale Handelsbank Aktiengesellschaft

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

Procedural Posture

Civil Action With Counterclaim (commercial Disputes) / Chambers Hearing on Interlocutory Summons for Judgment in Default of Defence; Application for Directions and Interim Relief

Legal Issues

  1. 1 Whether the court should await outcome of related appeal before deciding the summons
  2. 2 Whether part of Centro's counterclaim against A.C. is severable under O.19 r.7(2) and therefore enforceable in default of defence
  3. 3 Whether the court may make declarations or orders touching validity/effectiveness of foreign assignments interlocutorily

Ratio Decidendi

The part of Centro's counterclaim based on the two specified assignments is severable under O.19 r.7(2); the court should not delay resolution pending related procedural appeals; accordingly an interim order was appropriate directing A.C. to take no further step in the proceedings except as directed by Centro, with costs of the counterclaim to date awarded to Centro; remaining issues were adjourned for future determination.

Court Disposition

Summons granted in part; interlocutory order made restraining A.C. from taking further steps except as directed by Centro; remainder of counterclaim adjourned.

Orders

  • It is ordered that A. C. Agrobiological Corporation, the 1st plaintiffs in the action and the 3rd defendants by counterclaim do take no further step in these proceedings save and except as directed by Centro Internationale Handelsbank Aktiengesellschaft, the 3rd defendant in the action and plaintiff by counterclaim.
  • Costs of the counterclaim to-date to Centro Internationale Handelsbank Aktiengesellschaft.