GO WIRELESS LTD AND OTHERS v. SIMERAY JANNICK FACQUES AND OTHERS

GO WIRELESS LTD AND OTHERS v. SIMERAY JANNICK FACQUES AND OTHERS

The 1st defendant failed to comply with the court's unless order, did not apply for variation or relief from sanctions under Order 2 rule 4, and therefore the court enforced the sanction specified in the unless order: the re-re-amended defence and counterclaim were struck out and judgment was entered for the plaintiffs with damages to be assessed and costs awarded to the plaintiffs.

Citation
GO WIRELESS LTD AND OTHERS v. SIMERAY JANNICK FACQUES AND OTHERS
Parties
1st Plaintiff (original Action): GO WIRELESS LIMITED; 2nd Plaintiff (original Action): THINKWAY INTERNATIONAL LIMITED; 3rd Plaintiff (original Action): MICHAEL SIVAN; 4th Plaintiff (original Action): JM CONCEPTS LIMITED; 1st Defendant (original Action): SIMERAY JANNICK FACQUES; 2nd Defendant (original Action): INOSPARK LIMITED; 4th Defendant (original Action): SPIN MASTER LIMITED (Discontinued); Plaintiff (counterclaim): SIMERAY JANNICK JACQUES; 1st Defendant (counterclaim): GO WIRELESS LIMITED (Discontinued); 2nd Defendant (counterclaim): MICHAEL SIVAN; 3rd Defendant (counterclaim): JM CONCEPTS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2012
Case Number
HCA1480/2010
Procedural Posture
Civil Action With Counterclaim / Interlocutory Application Enforcing an Unless Order; Final Interlocutory Judgment Entered for Plaintiffs
Outcome
Strike out of the 1st defendant's re-re-amended defence and counterclaim; judgment entered for the plaintiffs for the relief prayed in the amended statement of claim; damages to be assessed; costs awarded to plaintiffs.
Legal Topics
Discovery, Unless Order, Sanctions, Strike Out, Relief From Sanctions, Costs, Service of Documents
Source Language
EN
Civil Procedure Litigation Remedies Discovery Unless Order Sanctions Strike Out Relief From Sanctions +2 more

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Parties

GO WIRELESS LIMITED

1st Plaintiff (original Action)

THINKWAY INTERNATIONAL LIMITED

2nd Plaintiff (original Action)

MICHAEL SIVAN

3rd Plaintiff (original Action)

JM CONCEPTS LIMITED

4th Plaintiff (original Action)

SIMERAY JANNICK FACQUES

1st Defendant (original Action)

INOSPARK LIMITED

2nd Defendant (original Action)

SPIN MASTER LIMITED (Discontinued)

4th Defendant (original Action)

SIMERAY JANNICK JACQUES

Plaintiff (counterclaim)

GO WIRELESS LIMITED (Discontinued)

1st Defendant (counterclaim)

MICHAEL SIVAN

2nd Defendant (counterclaim)

JM CONCEPTS LIMITED

3rd Defendant (counterclaim)

Procedural Posture

Civil Action With Counterclaim / Interlocutory Application Enforcing an Unless Order; Final Interlocutory Judgment Entered for Plaintiffs

Legal Issues

  1. 1 Whether the 1st defendant complied with the unless order requiring delivery of documents
  2. 2 Whether non-compliance justified striking out the defence and counterclaim and entering judgment
  3. 3 Whether costs and dismissal of pending interlocutory applications should follow

Ratio Decidendi

The 1st defendant failed to comply with the court's unless order, did not apply for variation or relief from sanctions under Order 2 rule 4, and therefore the court enforced the sanction specified in the unless order: the re-re-amended defence and counterclaim were struck out and judgment was entered for the plaintiffs with damages to be assessed and costs awarded to the plaintiffs.

Court Disposition

Strike out of the 1st defendant's re-re-amended defence and counterclaim; judgment entered for the plaintiffs for the relief prayed in the amended statement of claim; damages to be assessed; costs awarded to plaintiffs.

Orders

  • Re-re-amended defence and counterclaim of the 1st defendant struck out
  • Judgment entered for the plaintiffs for the relief prayed in the amended statement of claim