TOP AMPLE LTD v. TUNG FAI ALSO KNOWN AS DONG HUI

TOP AMPLE LTD v. TUNG FAI ALSO KNOWN AS DONG HUI

The court held that the particulars sought by Wei Dong went beyond necessary particulars and sought evidential detail and thus were unnecessary for fair disposal or saving costs; requests concerning the HK$80m set-off were irrelevant at this interlocutory stage; the interrogatories were either not directed to matters in question, oppressive or unnecessary for fair disposal, and therefore were ordered withdrawn. Costs were awarded to the successful applicant for withdrawal of interrogatories.

Citation
TOP AMPLE LTD v. TUNG FAI ALSO KNOWN AS DONG HUI
Parties
Plaintiff (hca1062/2013): Million Decade Limited; Plaintiff (hca1063/2013): Top Ample Limited; Plaintiff (hca1660/2013) / Defendant (hca1062/2013, Hca1063/2013): Tung Fai (董輝); Defendant (hca1660/2013) / Plaintiff (controller of Million Decade and Top Ample): Wei Dong (魏東)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 2015
Case Number
HCA1063/2013
Procedural Posture
Civil Contractual, Equitable and Procedural Disputes (oral Agreement, Set Off, Discovery) / Interlocutory Applications for Further and Better Particulars and Withdrawal of Interrogatories; Case Management Directions
Outcome
Wei Dong's summons for further and better particulars dismissed; Tung Fai's summons to withdraw interrogatories allowed; costs awarded to Tung Fai
Legal Topics
Further and Better Particulars, Interrogatories, Oral Agreement, Set Off, Costs, Case Management
Source Language
EN
Civil Procedure Contract Law Equity Company Law Discovery and Evidence Further and Better Particulars Interrogatories Oral Agreement +3 more

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Parties

Million Decade Limited

Plaintiff (hca1062/2013)

Top Ample Limited

Plaintiff (hca1063/2013)

Tung Fai (董輝)

Plaintiff (hca1660/2013) / Defendant (hca1062/2013, Hca1063/2013)

Wei Dong (魏東)

Defendant (hca1660/2013) / Plaintiff (controller of Million Decade and Top Ample)

Procedural Posture

Civil Contractual, Equitable and Procedural Disputes (oral Agreement, Set Off, Discovery) / Interlocutory Applications for Further and Better Particulars and Withdrawal of Interrogatories; Case Management Directions

Legal Issues

  1. 1 Whether further and better particulars under O.18 r.12 were necessary for fair disposal or saving costs
  2. 2 Whether specific particulars sought (identities, dates, amounts, scope of work) impermissibly required evidential detail rather than particulars
  3. 3 Whether interrogatories served under O.26 r.1 were necessary or oppressive and should be withdrawn

Ratio Decidendi

The court held that the particulars sought by Wei Dong went beyond necessary particulars and sought evidential detail and thus were unnecessary for fair disposal or saving costs; requests concerning the HK$80m set-off were irrelevant at this interlocutory stage; the interrogatories were either not directed to matters in question, oppressive or unnecessary for fair disposal, and therefore were ordered withdrawn. Costs were awarded to the successful applicant for withdrawal of interrogatories.

Court Disposition

Wei Dong's summons for further and better particulars dismissed; Tung Fai's summons to withdraw interrogatories allowed; costs awarded to Tung Fai

Orders

  • Wei Dong's summons for particulars dismissed
  • Tung Fai's summons to withdraw the interrogatories dated 6 July 2015 allowed