TUENBO CO LTD v. CHEUNG SUNG LAM AND OTHERS

TUENBO CO LTD v. CHEUNG SUNG LAM AND OTHERS

The court refused to grant a stay of the time for filing and service of the defence in the 2019 action; instead the court gave specific directions for affidavits and adjourned both summonses for substantive argument to be listed together, while extending the time for filing and service of the defence in the 2019 action to 28 days from the date of the order (time to run during vacation). Costs were reserved.

Citation
[2021] HKCFI 2742
Parties
Plaintiff (hca 2095/2016): STEADFAST INTERNATIONAL LIMITED; 1st Defendant (hca 2095/2016): TUENBO COMPANY LIMITED; 2nd Defendant (hca 2095/2016): CHEUNG SUNG LAM; 3rd Defendant (hca 2095/2016): WONG SUNG KING DOROTHY; 4th Defendant (hca 2095/2016): TUENBO (HOLDINGS) COMPANY LIMITED; 5th Defendant (hca 2095/2016): CHEUNG WAI KWAN; 6th Defendant (hca 2095/2016): IDEAL WIN COMPANY LIMITED; 7th Defendant (hca 2095/2016): CHEUNG KA MING; Plaintiff (hca 566/2019): TUENBO COMPANY LIMITED; 1st Defendant (hca 566/2019): CHEUNG SUNG LAM; 2nd Defendant (hca 566/2019): WONG SUNG KING DOROTHY; 3rd Defendant (hca 566/2019): CHEUNG KA MING; 4th Defendant (hca 566/2019): UTAHLOY MANAGEMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 2021
Case Number
HCA566/2019
Procedural Posture
Civil High Court Actions (court of First Instance) Heard Together / Interlocutory/directions Hearing on Interlocutory Summonses and Application for Stay and Extension of Time to File Defence
Outcome
Application for stay of time to file defence refused; interlocutory directions made; both summonses adjourned to be heard together; time to file defence in 2019 action extended to 28 days from date of order; costs reserved.
Legal Topics
Preliminary Trial, Issue of Authority, Stay of Time to File Defence, Directions Hearing, Adjournment
Source Language
EN
Civil Procedure Company Law Interlocutory Applications Preliminary Trial Issue of Authority Stay of Time to File Defence Directions Hearing Adjournment

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Parties

STEADFAST INTERNATIONAL LIMITED

Plaintiff (hca 2095/2016)

TUENBO COMPANY LIMITED

1st Defendant (hca 2095/2016)

CHEUNG SUNG LAM

2nd Defendant (hca 2095/2016)

WONG SUNG KING DOROTHY

3rd Defendant (hca 2095/2016)

TUENBO (HOLDINGS) COMPANY LIMITED

4th Defendant (hca 2095/2016)

CHEUNG WAI KWAN

5th Defendant (hca 2095/2016)

IDEAL WIN COMPANY LIMITED

6th Defendant (hca 2095/2016)

CHEUNG KA MING

7th Defendant (hca 2095/2016)

TUENBO COMPANY LIMITED

Plaintiff (hca 566/2019)

CHEUNG SUNG LAM

1st Defendant (hca 566/2019)

WONG SUNG KING DOROTHY

2nd Defendant (hca 566/2019)

CHEUNG KA MING

3rd Defendant (hca 566/2019)

UTAHLOY MANAGEMENT COMPANY LIMITED

4th Defendant (hca 566/2019)

Procedural Posture

Civil High Court Actions (court of First Instance) Heard Together / Interlocutory/directions Hearing on Interlocutory Summonses and Application for Stay and Extension of Time to File Defence

Legal Issues

  1. 1 Whether time for filing and service of the defence in the 2019 action should be stayed pending determination of the 2019 summons
  2. 2 Whether a preliminary trial on the issue of authority should be ordered and whether that trial would dispose of or materially shorten a full trial
  3. 3 Whether other substantive defences exist and are so intertwined with the authority issue that a preliminary trial would not differ materially from a full trial

Ratio Decidendi

The court refused to grant a stay of the time for filing and service of the defence in the 2019 action; instead the court gave specific directions for affidavits and adjourned both summonses for substantive argument to be listed together, while extending the time for filing and service of the defence in the 2019 action to 28 days from the date of the order (time to run during vacation). Costs were reserved.

Court Disposition

Application for stay of time to file defence refused; interlocutory directions made; both summonses adjourned to be heard together; time to file defence in 2019 action extended to 28 days from date of order; costs reserved.

Orders

  • Leave to plaintiff in HCA 2095/2016 to file and serve affidavit in opposition to the 2016 summons within 28 days of the order
  • Leave to 2nd to 4th and 6th to 7th defendants in HCA 2095/2016 to file and serve affidavits in reply, if any, within 28 days thereafter