LEUNG CHI MING v. LAW KWOK YAN AND ANOTHER

LEUNG CHI MING v. LAW KWOK YAN AND ANOTHER

The court accepted the Plaintiff's undertaking to amend the originating summons to limit documentation to company records and to exclude any application for permission to search; because the application was unnecessary and was issued without prior correspondence, the application was dismissed and the 1st Defendant ordered to pay the Plaintiff's costs, to be taxed on the indemnity basis if not agreed.

Citation
LEUNG CHI MING v. LAW KWOK YAN AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2007
Case Number
HCMP1857/2006
Procedural Posture
Civil Striking Out Application / Interlocutory Application (originating Summons)
Outcome
Application dismissed on terms of Plaintiff's undertaking; 1st Defendant ordered to pay Plaintiff's costs; costs to be taxed on indemnity basis if not agreed.
Legal Topics
Striking Out, Originating Summons, Costs Taxation, Undertaking to Amend Pleadings, Indemnity Costs
Source Language
EN
Civil Procedure Civil Litigation Costs Striking Out Originating Summons Costs Taxation Undertaking to Amend Pleadings Indemnity Costs

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Procedural Posture

Civil Striking Out Application / Interlocutory Application (originating Summons)

Legal Issues

  1. 1 Whether the striking-out application was necessary or appropriate
  2. 2 Whether the Plaintiff was bound by the limitation expressed by his counsel at the prior hearing
  3. 3 Whether failure to correspond prior to issuing the summons breached practice direction and justified costs on indemnity basis

Ratio Decidendi

The court accepted the Plaintiff's undertaking to amend the originating summons to limit documentation to company records and to exclude any application for permission to search; because the application was unnecessary and was issued without prior correspondence, the application was dismissed and the 1st Defendant ordered to pay the Plaintiff's costs, to be taxed on the indemnity basis if not agreed.

Court Disposition

Application dismissed on terms of Plaintiff's undertaking; 1st Defendant ordered to pay Plaintiff's costs; costs to be taxed on indemnity basis if not agreed.

Orders

  • Accept Plaintiff's undertaking to amend the originating summons to add the words 'of the company' in the ninth line of paragraph 1
  • Accept Plaintiff's undertaking to amend subsequent paragraphs to exclude any application for permission to search the Defendant's premises