NOBLE GROUP LTD v. ARNAUD VAGNER AND ANOTHER

NOBLE GROUP LTD v. ARNAUD VAGNER AND ANOTHER

The Unless Order was a time order fixing the deadline for filing further and better particulars; the defendants filed Answers within the time specified; viewed as a whole the Answers constituted genuine, non‑illusory further and better particulars made in good faith and therefore there was no breach of the Unless...

Source-derived case information.

Citation
NOBLE GROUP LTD v. ARNAUD VAGNER AND ANOTHER
Parties
Plaintiff: Noble Group Limited; 1st Defendant: Arnaud Vagner; 2nd Defendant: Enlighten Ace Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2016
Case Number
HCA594/2015
Procedural Posture
Civil Conspiracy to Injure (commercial) / Interlocutory Chambers Hearing on Summons Seeking Strike Out for Alleged Breach of Unless Order
Outcome
Summons dismissed; order nisi that plaintiff pay costs to defendants
Legal Topics
Unless Order, Further and Better Particulars, Mode Vs Time Order, Breach of Court Order, Good Faith Compliance, Particularisation of Defences (justification and Fair Comment)
Source Language
en
Civil Procedure Conspiracy Defamation (pleaded Issues) Injunctions Costs Unless Order Further and Better Particulars Mode Vs Time Order +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Noble Group Limited

Plaintiff

Arnaud Vagner

1st Defendant

Enlighten Ace Limited

2nd Defendant

Procedural Posture

Civil Conspiracy to Injure (commercial) / Interlocutory Chambers Hearing on Summons Seeking Strike Out for Alleged Breach of Unless Order

Legal Issues

  1. 1 Whether the unless order was a time order or an order prescribing mode of compliance
  2. 2 Whether the defendants breached the unless order
  3. 3 Whether the Answers filed constituted good faith further and better particulars and were sufficient

Ratio Decidendi

The Unless Order was a time order fixing the deadline for filing further and better particulars; the defendants filed Answers within the time specified; viewed as a whole the Answers constituted genuine, non‑illusory further and better particulars made in good faith and therefore there was no breach of the Unless Order; the summons seeking strike out was dismissed and the plaintiff ordered to pay costs to the defendants (order nisi).

Court Disposition

Summons dismissed; order nisi that plaintiff pay costs to defendants

Orders

  • Summons dismissed with costs
  • Order nisi that the plaintiff pay the costs of and occasioned by the Summons on a party and party basis