EKPAC CHINA LTD AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS

EKPAC CHINA LTD AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS

The appeal was dismissed except insofar as further particulars were ordered for Request 3(a); the Plaintiffs' answers were in general adequate given the commercial reality and limits of available information, the Master’s orders on the other groups were affirmed and the Master's costs order was not disturbed; specifically the Plaintiffs must provide further particulars linking the 5th Defendant to the 1st Defendant within 14 days or the allegation in Request 3(a) will be struck out.

Citation
EKPAC CHINA LTD AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS
Parties
1st Plaintiff: EKPAC CHINA LIMITED; 2nd Plaintiff: EKPAC AGENCIES LIMITED; 3rd Plaintiff: EKPAC ENGINEERING LIMITED; 1st Defendant: NEWMAN LIU CHI MAN; 2nd Defendant: DENNIS YANG TAT SHING; 3rd Defendant: HARBOUR SUN ENGINEERING LTD.; 4th Defendant: PORT FAIRY LIMITED; 5th Defendant: ALPAC ENGINEERING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 October 1997
Case Number
HCA1984/1995
Procedural Posture
Interlocutory Civil Appeal Against Master's Order on Further and Better Particulars (unless Order) / Hearing of Appeal and Handing Down of Reasons After Master and Interlocutory Applications
Outcome
Appeal dismissed in part; Master Jones and Master Cannon's orders affirmed save for a directed further particulars order in relation to Request 3(a); costs order below upheld
Legal Topics
Further and Better Particulars, Unless Order, Secret Commissions, Piercing Corporate Veil, Control and Beneficial Ownership, Costs on Interlocutory Applications
Source Language
EN
Civil Procedure Company Law Commercial Law Equity Employment Law Costs Law Further and Better Particulars Unless Order +4 more

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Parties

EKPAC CHINA LIMITED

1st Plaintiff

EKPAC AGENCIES LIMITED

2nd Plaintiff

EKPAC ENGINEERING LIMITED

3rd Plaintiff

NEWMAN LIU CHI MAN

1st Defendant

DENNIS YANG TAT SHING

2nd Defendant

HARBOUR SUN ENGINEERING LTD.

3rd Defendant

PORT FAIRY LIMITED

4th Defendant

ALPAC ENGINEERING LIMITED

5th Defendant

Procedural Posture

Interlocutory Civil Appeal Against Master's Order on Further and Better Particulars (unless Order) / Hearing of Appeal and Handing Down of Reasons After Master and Interlocutory Applications

Legal Issues

  1. 1 Whether the Plaintiffs' answers to four groups of requests for further and better particulars were adequate
  2. 2 Whether the 5th Defendant was sufficiently pleaded as being owned or controlled by the 1st Defendant
  3. 3 Whether the court should compel particulars that the Plaintiffs are unable to provide

Ratio Decidendi

The appeal was dismissed except insofar as further particulars were ordered for Request 3(a); the Plaintiffs' answers were in general adequate given the commercial reality and limits of available information, the Master’s orders on the other groups were affirmed and the Master's costs order was not disturbed; specifically the Plaintiffs must provide further particulars linking the 5th Defendant to the 1st Defendant within 14 days or the allegation in Request 3(a) will be struck out.

Court Disposition

Appeal dismissed in part; Master Jones and Master Cannon's orders affirmed save for a directed further particulars order in relation to Request 3(a); costs order below upheld

Orders

  • Plaintiffs to provide further particulars in support of Request 3(a) within 14 days; failing compliance the allegation in Request 3(a) to be struck out
  • Order of Master Jones and Master Cannon affirmed in respect of the other groups of requests (Requests 1,2,4,5,6,7,8,9,10,11,12)