KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.

KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.

Leave to adduce the two late witness statements was refused at this stage because Kader had not provided clear, specific particulars establishing the legal basis and effect of its OEM pleadings; absent precise pleadings and particulars the court would not admit evidence that potentially changes the scope of pleaded...

Source-derived case information.

Citation
KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.
Parties
Plaintiff and Defendant (consolidated Actions): Galco International Toys N.V.; Defendant and Plaintiff (consolidated Actions): Kader Industrial Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 1995
Case Number
HCA477/1991
Procedural Posture
Civil Product Liability and Contract / Interlocutory Pre Trial (application for Leave to Adduce Late Witness Statements; Further and Better Particulars)
Outcome
Refused leave at this time to adduce the witness statements of Mr Ting and Mr Tsang; ordered Kader to provide clear and specific further and better particulars to the re-amended defence before the matter is reconsidered; directions to be given on timeframe and costs.
Legal Topics
Pleadings, Further and Better Particulars, Witness Statements, OEM Contracts, Exclusion of Implied Terms, Admission of Late Evidence
Source Language
en
Contract Law Civil Procedure Evidence Sale of Goods Pleadings Further and Better Particulars Witness Statements OEM Contracts +2 more

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Parties

Galco International Toys N.V.

Plaintiff and Defendant (consolidated Actions)

Kader Industrial Company Limited

Defendant and Plaintiff (consolidated Actions)

Procedural Posture

Civil Product Liability and Contract / Interlocutory Pre Trial (application for Leave to Adduce Late Witness Statements; Further and Better Particulars)

Legal Issues

  1. 1 Whether witness statements not exchanged in compliance with court directions may be admitted without leave
  2. 2 Whether Kader's allegations that contracts were on an OEM basis alter its ordinary obligations as manufacturer and seller
  3. 3 Whether Kader's pleadings and answers to requests for further particulars are sufficiently specific to put Galco and the court on notice of the legal effects alleged

Ratio Decidendi

Leave to adduce the two late witness statements was refused at this stage because Kader had not provided clear, specific particulars establishing the legal basis and effect of its OEM pleadings; absent precise pleadings and particulars the court would not admit evidence that potentially changes the scope of pleaded issues.

Court Disposition

Refused leave at this time to adduce the witness statements of Mr Ting and Mr Tsang; ordered Kader to provide clear and specific further and better particulars to the re-amended defence before the matter is reconsidered; directions to be given on timeframe and costs.

Orders

  • Leave to adduce the witness statements of Mr Kenneth Ting and Mr Tsang Kin Ping Kenneth refused at this time
  • Kader must answer Galco's request for further and better particulars to the re-amended defence specifying the contractual basis, when, where and by whom any relevant instructions or omissions were made