PAI CHIN MING v. LUO XIAO AND OTHERS

PAI CHIN MING v. LUO XIAO AND OTHERS

The appeal was allowed and the master's order was set aside because the requested particulars that sought witness names and particulars of a denial were improper: witness identities constitute evidence rather than particulars and particulars of denials are unnecessary since inconsistencies are matters for trial and cross-examination.

Citation
PAI CHIN MING v. LUO XIAO AND OTHERS
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant; Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2008
Case Number
HCA2693/2006
Procedural Posture
Civil Appeal (interlocutory) / Interlocutory Appeal From Master's Order
Outcome
Appeal allowed; Master's order set aside.
Legal Topics
Particulars of Defence, Requests for Further and Better Particulars, De Facto/de Jure Director Status, Discovery of Witnesses
Source Language
EN
Civil Procedure Company Law Evidence Particulars of Defence Requests for Further and Better Particulars De Facto/de Jure Director Status Discovery of Witnesses

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

3rd Defendant

Defendant

Procedural Posture

Civil Appeal (interlocutory) / Interlocutory Appeal From Master's Order

Legal Issues

  1. 1 Whether the master erred in ordering further and better particulars from the 1st and 2nd defendants
  2. 2 Whether defendants must disclose names of persons present when documents were executed (i.e. witness identities) as particulars
  3. 3 Whether particulars of a denial (specifically denial of director status) should be ordered

Ratio Decidendi

The appeal was allowed and the master's order was set aside because the requested particulars that sought witness names and particulars of a denial were improper: witness identities constitute evidence rather than particulars and particulars of denials are unnecessary since inconsistencies are matters for trial and cross-examination.

Court Disposition

Appeal allowed; Master's order set aside.

Orders

  • Appeal allowed
  • Master Mary Yuen's order dated 13 May 2008 set aside