LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO LTD AND OTHERS

LIAO CHEN TOH v. LOYAL INTERNATIONAL ENTERPRISES CO LTD AND OTHERS

The Court held that pleadings were deemed closed under Order 18 r.20 once the reply/defence to counterclaim was filed, regardless of outstanding service on some CTC defendants or intended amendments; accordingly the Long Case Summons was not premature, the case was assigned to a judge, costs of the Long Case Summons...

Source-derived case information.

Citation
[2025] HKCFI 3812
Parties
Plaintiff (original Action); 1st Defendant (by Counterclaim): LIAO CHEN TOH; 1st Defendant (original Action): LOYAL INTERNATIONAL ENTERPRISES CO. LTD.; 2nd Defendant (original Action); 1st Plaintiff (by Counterclaim): SUCCESS HOUSE INDUSTRIES LIMITED; 3rd Defendant (original Action); 2nd Plaintiff (by Counterclaim): NEW SUCCESS HOUSE INDUSTRIES LIMITED; 4th Defendant (original Action); 3rd Plaintiff (by Counterclaim): LOYAL INVESTMENT LIMITED; 2nd Defendant (by Counterclaim): SIVER STATE ENTERPRISE LIMITED; 3rd Defendant (by Counterclaim): LOYAL INTERNATIONAL TRADING CO. LTD; 4th Defendant (by Counterclaim): KENLONG (HK) INTERNATIONAL LIMITED; 5th Defendant (by Counterclaim): 見龍投資有限公司; 6th Defendant (by Counterclaim): ASTOR GROUP LIMITED; 7th Defendant (by Counterclaim): TAYISHA INVESTMENT LTD; 8th Defendant (by Counterclaim): VICEROY INVESTMENT LTD; 5th Defendant (by Counterclaim to Counterclaim): JIANGYIN XIN-HE-QIAO CHEMICAL CO., LTD; 6th Defendant (by Counterclaim to Counterclaim): NINGOBO XIN QIAO CHEMICAL INDUSTRIAL CO. LTD; 7th Defendant (by Counterclaim to Counterclaim): NINGOBO XIN-LONG-XIN CHEMICAL CO. LTD; 8th Defendant (by Counterclaim to Counterclaim): JIANGYIN LONG-CHI PACKING MATERIAL CO., LTD; 9th Defendant (by Counterclaim to Counterclaim): DONGGUAN XIN-CHANG-QIAO PLASTICS CO., LTD; 10th Defendant (by Counterclaim to Counterclaim): JIANGYIN XIN XHU ENGINEERING PLASTICS CO., LTD; 11th Defendant (by Counterclaim to Counterclaim): TIANJIN XIN LONG QIAO ENGINEERING PLASTICS CO., LTD; 12th Defendant (by Counterclaim to Counterclaim): NINGBO CHANG-QIAO ENGINEERING PLASTICS CO., LTD; 13th Defendant (by Counterclaim to Counterclaim): XINJIANG LONG-QIAO ENGINEERING PLASTICS CO., LTD; 14th Defendant (by Counterclaim to Counterclaim): PANJIN LONG-QUANG ENGINEERING PLASTICS CO., LTD; 15th Defendant (by Counterclaim to Counterclaim): LOYAL (TIANJIN) INTERNATIONAL TRADING CO., LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2025
Case Number
HCA2302/2014
Procedural Posture
Civil Multi Party Corporate, Trust and Fiduciary Dispute / Case Management Hearing in Chambers; Application for Assignment to Trial Judge; Pleadings Deemed Closed
Outcome
Long Case Summons granted; case assigned to a trial judge; Amendment Summons and Time Summons adjourned to the assigned judge; costs ordered as specified.
Legal Topics
Long Case Listing (pd 5.7), Close of Pleadings (o.18 R.20), Amendment and Joinder of Parties, Service Out of Jurisdiction, Costs Allocation
Source Language
en
Civil Procedure Company Law Trusts and Equitable Remedies Fiduciary Duties Cross Border Litigation Long Case Listing (pd 5.7) Close of Pleadings (o.18 R.20) Amendment and Joinder of Parties +2 more

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Parties

LIAO CHEN TOH

Plaintiff (original Action); 1st Defendant (by Counterclaim)

LOYAL INTERNATIONAL ENTERPRISES CO. LTD.

1st Defendant (original Action)

SUCCESS HOUSE INDUSTRIES LIMITED

2nd Defendant (original Action); 1st Plaintiff (by Counterclaim)

NEW SUCCESS HOUSE INDUSTRIES LIMITED

3rd Defendant (original Action); 2nd Plaintiff (by Counterclaim)

LOYAL INVESTMENT LIMITED

4th Defendant (original Action); 3rd Plaintiff (by Counterclaim)

SIVER STATE ENTERPRISE LIMITED

2nd Defendant (by Counterclaim)

LOYAL INTERNATIONAL TRADING CO. LTD

3rd Defendant (by Counterclaim)

KENLONG (HK) INTERNATIONAL LIMITED

4th Defendant (by Counterclaim)

見龍投資有限公司

5th Defendant (by Counterclaim)

ASTOR GROUP LIMITED

6th Defendant (by Counterclaim)

TAYISHA INVESTMENT LTD

7th Defendant (by Counterclaim)

VICEROY INVESTMENT LTD

8th Defendant (by Counterclaim)

JIANGYIN XIN-HE-QIAO CHEMICAL CO., LTD

5th Defendant (by Counterclaim to Counterclaim)

NINGOBO XIN QIAO CHEMICAL INDUSTRIAL CO. LTD

6th Defendant (by Counterclaim to Counterclaim)

NINGOBO XIN-LONG-XIN CHEMICAL CO. LTD

7th Defendant (by Counterclaim to Counterclaim)

JIANGYIN LONG-CHI PACKING MATERIAL CO., LTD

8th Defendant (by Counterclaim to Counterclaim)

DONGGUAN XIN-CHANG-QIAO PLASTICS CO., LTD

9th Defendant (by Counterclaim to Counterclaim)

JIANGYIN XIN XHU ENGINEERING PLASTICS CO., LTD

10th Defendant (by Counterclaim to Counterclaim)

TIANJIN XIN LONG QIAO ENGINEERING PLASTICS CO., LTD

11th Defendant (by Counterclaim to Counterclaim)

NINGBO CHANG-QIAO ENGINEERING PLASTICS CO., LTD

12th Defendant (by Counterclaim to Counterclaim)

XINJIANG LONG-QIAO ENGINEERING PLASTICS CO., LTD

13th Defendant (by Counterclaim to Counterclaim)

PANJIN LONG-QUANG ENGINEERING PLASTICS CO., LTD

14th Defendant (by Counterclaim to Counterclaim)

LOYAL (TIANJIN) INTERNATIONAL TRADING CO., LTD

15th Defendant (by Counterclaim to Counterclaim)

Procedural Posture

Civil Multi Party Corporate, Trust and Fiduciary Dispute / Case Management Hearing in Chambers; Application for Assignment to Trial Judge; Pleadings Deemed Closed

Legal Issues

  1. 1 Whether pleadings were 'closed' under Order 18 r.20 for the purpose of listing the case as a long case
  2. 2 Whether the Long Case Summons was premature
  3. 3 Whether the Listing Judge should assign the case to a trial judge under PD 5.7 given complexity and multiplicity of parties

Ratio Decidendi

The Court held that pleadings were deemed closed under Order 18 r.20 once the reply/defence to counterclaim was filed, regardless of outstanding service on some CTC defendants or intended amendments; accordingly the Long Case Summons was not premature, the case was assigned to a judge, costs of the Long Case Summons were ordered to be paid by the Plaintiff to the Defendants to be summarily assessed with a 50/50 apportionment for hearing time, and the Amendment and Time Summonses were adjourned to the assigned judge.

Court Disposition

Long Case Summons granted; case assigned to a trial judge; Amendment Summons and Time Summons adjourned to the assigned judge; costs ordered as specified.

Orders

  • Case to be assigned to a judge for trial listing.
  • Costs of the Long Case Summons to be paid by the Plaintiff to the Defendants to be summarily assessed.