ZHANG FUZHU v. COSMIC DIGITAL TECHNOLOGY CO LTD

ZHANG FUZHU v. COSMIC DIGITAL TECHNOLOGY CO LTD

The court exercised its discretion to allow the defendant to rely on the second affidavit because the matters it raised (particularly concerning the cheques and the claimant's conduct as director and the sale of a major asset) were not so irrelevant as to be excluded, and any prejudice to the plaintiff could be remedied by adjournment and costs; accordingly leave to file the affidavit was granted and the summary judgment hearing was adjourned.

Citation
ZHANG FUZHU v. COSMIC DIGITAL TECHNOLOGY CO LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 December 2008
Case Number
DCCJ3468/2008
Procedural Posture
Summary Judgment Application / Interlocutory Ruling on Leave to Adduce Further Affidavit; Hearing Adjourned
Outcome
Leave granted for the defendant to file and serve second affidavit; summary judgment hearing adjourned; defendant ordered to pay costs of the summons and costs thrown away by the adjournment.
Legal Topics
Dishonoured Cheques, Summary Judgment, Sham Transaction/asset Siphoning, Directors' Duties and Governance, Liquidation, Discovery and Affidavit Evidence
Source Language
EN
Employment Law Company Law Insolvency Law Civil Procedure Dishonoured Cheques Summary Judgment Sham Transaction/asset Siphoning Directors' Duties and Governance +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Summary Judgment Application / Interlocutory Ruling on Leave to Adduce Further Affidavit; Hearing Adjourned

Legal Issues

  1. 1 Whether the employment contract and salary cheques were genuine or a sham/backdated arrangement to siphon assets
  2. 2 Whether summary judgment is appropriate in face of allegations requiring trial and fuller discovery
  3. 3 Whether to admit a late affidavit in opposition and whether lateness and prejudice justify exclusion or adjournment

Ratio Decidendi

The court exercised its discretion to allow the defendant to rely on the second affidavit because the matters it raised (particularly concerning the cheques and the claimant's conduct as director and the sale of a major asset) were not so irrelevant as to be excluded, and any prejudice to the plaintiff could be remedied by adjournment and costs; accordingly leave to file the affidavit was granted and the summary judgment hearing was adjourned.

Court Disposition

Leave granted for the defendant to file and serve second affidavit; summary judgment hearing adjourned; defendant ordered to pay costs of the summons and costs thrown away by the adjournment.

Orders

  • Grant leave to defendant to file and serve the second affidavit of Mr Arboit dated 5 December 2008
  • Abridge time for service of the defendant's summons dated 8 December 2008