KOGEE CO., LTD v. PINE SPIRIT INTERNATIONAL LTD AND OTHERS

KOGEE CO., LTD v. PINE SPIRIT INTERNATIONAL LTD AND OTHERS

Default judgment and intervention applications were dismissed: default judgment refused because the statement of claim contained internal inconsistencies (FBPs contradicted pleaded causation), failed to address conflict of laws/double actionability and did not plead District Court jurisdiction as required by Practice Direction 27; Leung and Chan could not be defaulted as they had filed defences; Choi lacked personal interest to intervene and his ex parte stay application was therefore dismissed.

Citation
KOGEE CO., LTD v. PINE SPIRIT INTERNATIONAL LTD AND OTHERS
Parties
Plaintiff: Kogee Co., Ltd; 1st Defendant: Pine Spirit International Limited; 2nd Defendant: Leung King Yu; 3rd Defendant: Chan Ling Ling; Intended Intervener: Choi Tak Wai
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 September 2017
Case Number
DCCJ2920/2013
Procedural Posture
District Court Civil Action (tort, Proprietary and Equitable Relief) / Interlocutory Applications: Default Judgment Application and Application for Stay / Intervention
Outcome
Both Kogee's application for default judgment and Choi's application for a stay and intervention were dismissed.
Legal Topics
Default Judgment, Interference With Business by Unlawful Means, Service and Intervention, Jurisdiction (district Court), Injunctions, Consolidation, Costs
Source Language
EN
Civil Litigation Tort Conflict of Laws Procedural Law Equity Default Judgment Interference With Business by Unlawful Means Service and Intervention +4 more

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Parties

Kogee Co., Ltd

Plaintiff

Pine Spirit International Limited

1st Defendant

Leung King Yu

2nd Defendant

Chan Ling Ling

3rd Defendant

Choi Tak Wai

Intended Intervener

Procedural Posture

District Court Civil Action (tort, Proprietary and Equitable Relief) / Interlocutory Applications: Default Judgment Application and Application for Stay / Intervention

Legal Issues

  1. 1 Whether default judgment should be entered against Pine Spirit
  2. 2 Whether default judgment can be entered against Leung and Chan who have filed defences
  3. 3 Whether the tort alleged is actionable in Hong Kong (conflict of laws / double actionability)

Ratio Decidendi

Default judgment and intervention applications were dismissed: default judgment refused because the statement of claim contained internal inconsistencies (FBPs contradicted pleaded causation), failed to address conflict of laws/double actionability and did not plead District Court jurisdiction as required by Practice Direction 27; Leung and Chan could not be defaulted as they had filed defences; Choi lacked personal interest to intervene and his ex parte stay application was therefore dismissed.

Court Disposition

Both Kogee's application for default judgment and Choi's application for a stay and intervention were dismissed.

Orders

  • Kogee's application for judgment dismissed as to Leung and Chan and refused against Pine Spirit
  • Choi's summons for a stay and to intervene dismissed (ex parte application treated and refused)