ANSON MANUFACTURING CO LTD AND OTHERS v. THE CHINA ENGINEERS LTD AND OTHERS

ANSON MANUFACTURING CO LTD AND OTHERS v. THE CHINA ENGINEERS LTD AND OTHERS

The order was properly construed as a time order limited to 14 days; the particulars filed within that period were bona fide and not illusory, and therefore the plaintiffs complied with the registrar's order; accordingly the appeal against refusal to strike out was dismissed.

Citation
ANSON MANUFACTURING CO LTD AND OTHERS v. THE CHINA ENGINEERS LTD AND OTHERS
Parties
1st Plaintiff: ANSON MANUFACTURING CO. LTD.; 2nd Plaintiff: WANG TAK METAL MANUFACTORY (a firm); 3rd Plaintiff: TAK MING TEXTILES COMPANY (a firm); 4th Plaintiff: TRIWOODS FISHNETS MANUFACTORY (a firm); 5th Plaintiff: UNITED PRINTING FACTORY (a firm); 6th Plaintiff: OVERSEAS WATCH CASE FACTORY (a firm); 7th Plaintiff: GOOD LUCK GLOVE MANUFACTORY LTD.; 8th Plaintiff: SZE TAT PAPER PRODUCTS FACTORY (a firm); 9th Plaintiff: EVER RICH WEAVING FACTORY LTD.; 10th Plaintiff: CHANDLEE MANUFACTURING COMPANY (a firm); 1st Defendant: THE CHINA ENGINEERS LTD.; 2nd Defendant: THE CHINA ENGINEERS (HOLDINGS) LTD.; 3rd Defendant: PETER SZE PIAO; 4th Defendant: JONES CONSTRUCTION CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 1979
Case Number
HCA1928/1977
Procedural Posture
Civil Appeal (interlocutory) / Appeal Against Refusal to Strike Out for Non Compliance With Order for Further and Better Particulars
Outcome
Appeal dismissed
Legal Topics
Further and Better Particulars, Strike Out, Time Order, Compliance, Nuisance, Quiet Enjoyment, Costs
Source Language
EN
Civil Procedure Contract Tort Negligence Landlord and Tenant Further and Better Particulars Strike Out Time Order +4 more

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Parties

ANSON MANUFACTURING CO. LTD.

1st Plaintiff

WANG TAK METAL MANUFACTORY (a firm)

2nd Plaintiff

TAK MING TEXTILES COMPANY (a firm)

3rd Plaintiff

TRIWOODS FISHNETS MANUFACTORY (a firm)

4th Plaintiff

UNITED PRINTING FACTORY (a firm)

5th Plaintiff

OVERSEAS WATCH CASE FACTORY (a firm)

6th Plaintiff

GOOD LUCK GLOVE MANUFACTORY LTD.

7th Plaintiff

SZE TAT PAPER PRODUCTS FACTORY (a firm)

8th Plaintiff

EVER RICH WEAVING FACTORY LTD.

9th Plaintiff

CHANDLEE MANUFACTURING COMPANY (a firm)

10th Plaintiff

THE CHINA ENGINEERS LTD.

1st Defendant

THE CHINA ENGINEERS (HOLDINGS) LTD.

2nd Defendant

PETER SZE PIAO

3rd Defendant

JONES CONSTRUCTION CO. LTD.

4th Defendant

Procedural Posture

Civil Appeal (interlocutory) / Appeal Against Refusal to Strike Out for Non Compliance With Order for Further and Better Particulars

Legal Issues

  1. 1 Whether the registrar's order was a time order or a penal order
  2. 2 Whether the particulars delivered amounted to compliance or were illusory
  3. 3 Whether failure to provide particulars justified automatic striking out

Ratio Decidendi

The order was properly construed as a time order limited to 14 days; the particulars filed within that period were bona fide and not illusory, and therefore the plaintiffs complied with the registrar's order; accordingly the appeal against refusal to strike out was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Costs to the plaintiffs with certificate for 1 counsel.