TUNG FAI v. WEI DONG

TUNG FAI v. WEI DONG

The court held that the particulars sought by Wei Dong were unnecessary because they sought evidential detail rather than essential particulars required for fair disposal, some requests were irrelevant (notably particulars of the alleged HK$80 million set-off), and thus the summons for particulars was dismissed; conversely, the interrogatories directed to Tung Fai were withdrawn because they were not necessary for fair disposal, were oppressive or related to matters not in issue, and the court exercised its discretion to require their withdrawal.

Citation
TUNG FAI v. WEI DONG
Parties
Plaintiff (hca 1062/2013): Million Decade Limited; Plaintiff (hca 1063/2013): Top Ample Limited; Plaintiff (hca 1660/2013); Defendant (hca 1062/2013 and HCA 1063/2013): Tung Fai; Defendant (hca 1660/2013); Plaintiff (beneficial Controller of Million Decade and Top Ample): Wei Dong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 2015
Case Number
HCA1660/2013
Procedural Posture
Civil Actions: Contractual/disputed Payments and Set Off Arising From Alleged Oral Agreement and Loans / Interlocutory Applications Heard in Chambers (applications for Further and Better Particulars and Withdrawal of Interrogatories); Case Management Directions and CMC Listed
Outcome
Wei Dong's summons for further and better particulars dismissed; Tung Fai's summons to withdraw interrogatories allowed
Legal Topics
Further and Better Particulars, Interrogatories Withdrawal, Oral Agreement, Set Off, Costs Assessment, Case Management
Source Language
EN
Contract Law Civil Procedure Pleadings Discovery and Interrogatories Equitable Set Off Further and Better Particulars Interrogatories Withdrawal Oral Agreement +3 more

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Parties

Million Decade Limited

Plaintiff (hca 1062/2013)

Top Ample Limited

Plaintiff (hca 1063/2013)

Tung Fai

Plaintiff (hca 1660/2013); Defendant (hca 1062/2013 and HCA 1063/2013)

Wei Dong

Defendant (hca 1660/2013); Plaintiff (beneficial Controller of Million Decade and Top Ample)

Procedural Posture

Civil Actions: Contractual/disputed Payments and Set Off Arising From Alleged Oral Agreement and Loans / Interlocutory Applications Heard in Chambers (applications for Further and Better Particulars and Withdrawal of Interrogatories); Case Management Directions and CMC Listed

Legal Issues

  1. 1 Whether further and better particulars should be ordered under RHC O.18 r.12
  2. 2 Whether requested particulars amount to evidence rather than necessary particulars
  3. 3 Whether interrogatories served fall within RHC O.26 r.1 as necessary for fair disposal or saving costs

Ratio Decidendi

The court held that the particulars sought by Wei Dong were unnecessary because they sought evidential detail rather than essential particulars required for fair disposal, some requests were irrelevant (notably particulars of the alleged HK$80 million set-off), and thus the summons for particulars was dismissed; conversely, the interrogatories directed to Tung Fai were withdrawn because they were not necessary for fair disposal, were oppressive or related to matters not in issue, and the court exercised its discretion to require their withdrawal.

Court Disposition

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

Orders

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