SZETO YUK LIN v. TSANG CHIU MO SAMUEL AND OTHERS

SZETO YUK LIN v. TSANG CHIU MO SAMUEL AND OTHERS

The court ordered the plaintiff to provide precise particulars as to the nature of the alleged HK$150,000,000 injection into CSFL and imposed an unless order that paragraph 3(2) be struck out if full particulars were not provided by 4pm on 15 December 2014; the court declined to press the plaintiff for further particulars where she stated inability and left such matters to trial, and refused to require defendants to answer the plaintiff's overly broad requests 3 and 4 while ordering defendants to provide further particulars to the plaintiff's other requests dated 4 November 2014 (except requests 3 and 4) within 21 days.

Citation
SZETO YUK LIN v. TSANG CHIU MO SAMUEL AND OTHERS
Parties
Plaintiff (original Action): SZETO YUK-LIN; 1st Defendant (original Action): TSANG CHIU MO SAMUEL; 2nd Defendant (original Action): TSANG CHIU CHING; 3rd Defendant (original Action): TSANG CHIU YUEN SYLVIA; 1st Plaintiff (counterclaim): TSANG CHIU MO SAMUEL; 2nd Plaintiff (counterclaim): TSANG CHIU CHING; 3rd Plaintiff (counterclaim): TSANG CHIU YUEN SYLVIA; 4th Plaintiff (counterclaim): ST INVESTMENTS HOLDING LIMITED; 1st Defendant (counterclaim): SZETO YUK-LIN; 2nd Defendant (counterclaim): SZETO ESTATES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2014
Case Number
HCA2392/2008
Procedural Posture
Civil: Discovery/application for Particulars / Interlocutory (chambers Hearing on Summons)
Outcome
Partial grant and partial refusal of relief: plaintiff compelled to provide specified particulars with an unless order; some requests refused; defendants ordered to provide certain particulars; costs reserved
Legal Topics
Particulars of Pleading, Beneficial Ownership, Trusts, Requests for Further and Better Particulars, Striking Out
Source Language
EN
Civil Procedure Company Law Trusts Evidence Discovery Particulars of Pleading Beneficial Ownership Requests for Further and Better Particulars +1 more

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Parties

SZETO YUK-LIN

Plaintiff (original Action)

TSANG CHIU MO SAMUEL

1st Defendant (original Action)

TSANG CHIU CHING

2nd Defendant (original Action)

TSANG CHIU YUEN SYLVIA

3rd Defendant (original Action)

TSANG CHIU MO SAMUEL

1st Plaintiff (counterclaim)

TSANG CHIU CHING

2nd Plaintiff (counterclaim)

TSANG CHIU YUEN SYLVIA

3rd Plaintiff (counterclaim)

ST INVESTMENTS HOLDING LIMITED

4th Plaintiff (counterclaim)

SZETO YUK-LIN

1st Defendant (counterclaim)

SZETO ESTATES LIMITED

2nd Defendant (counterclaim)

Procedural Posture

Civil: Discovery/application for Particulars / Interlocutory (chambers Hearing on Summons)

Legal Issues

  1. 1 Whether the plaintiff must provide particulars as to the nature of alleged injection of HK$150,000,000 into CSFL (loan, gift, subscription or otherwise)
  2. 2 Whether paragraph 3(2) of the reply should be struck out for failure to provide particulars
  3. 3 Whether the plaintiff should be compelled to answer particulars in paragraphs 10(1),(2) and 11(1)(b) of the reply

Ratio Decidendi

The court ordered the plaintiff to provide precise particulars as to the nature of the alleged HK$150,000,000 injection into CSFL and imposed an unless order that paragraph 3(2) be struck out if full particulars were not provided by 4pm on 15 December 2014; the court declined to press the plaintiff for further particulars where she stated inability and left such matters to trial, and refused to require defendants to answer the plaintiff's overly broad requests 3 and 4 while ordering defendants to provide further particulars to the plaintiff's other requests dated 4 November 2014 (except requests 3 and 4) within 21 days.

Court Disposition

Partial grant and partial refusal of relief: plaintiff compelled to provide specified particulars with an unless order; some requests refused; defendants ordered to provide certain particulars; costs reserved

Orders

  • Unless by 4pm on 15 December 2014 the plaintiff provide full particulars ordered on 7 December 2014 in respect of paragraph 3(2) of the reply filed 12 March 2009, paragraph 3(2) of the reply will be struck out
  • Plaintiff to provide the specified particulars by 4pm on 15 December 2014