SPEED SOURCING LTD AND OTHERS v. RAINBOW STATE INVESTMENTS LTD AND OTHERS

SPEED SOURCING LTD AND OTHERS v. RAINBOW STATE INVESTMENTS LTD AND OTHERS

D1's second answers to requests for particulars were, in the majority, vague, evasive and in breach of the Consent Order and the 08.09.14 Order; however, strike out would be disproportionate at this stage so the court imposed an unless order requiring full compliance by a fixed date (8 June 2015) with specified...

Source-derived case information.

Citation
SPEED SOURCING LTD AND OTHERS v. RAINBOW STATE INVESTMENTS LTD AND OTHERS
Parties
1st Plaintiff: Speed Sourcing Limited; 2nd Plaintiff: Sun Wood Company Limited; 3rd Plaintiff: Shirley Mae Wong; 1st Defendant: Rainbow State Investments Limited; 2nd Defendant: Colonial Charm Investment Limited; 3rd Defendant: Nice Gain (HK) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 May 2015
Case Number
HCA2298/2013
Procedural Posture
Civil Trust and Property Proceedings / Interlocutory Applications (strike Out, Stay of Taxation, Amendment, Interim Payment) Heard and Disposed by Judgment
Outcome
Applications disposed: unless order made compelling D1 to comply with particulars orders by 8 June 2015 or specified paragraphs struck out; Stay application dismissed; Amendment application dismissed; Interim payment application dismissed; costs awards made as set and nisi for finalization after 21 days.
Legal Topics
Resulting Trust, Constructive Trust, Breach of Trust, Particulars and Pleading, Strike Out Under Order 18, Interim Payment (use and Occupation), Taxation of Costs, Unless Order
Source Language
en
Trusts Property Civil Procedure Costs Equity Injunctions Resulting Trust Constructive Trust +6 more

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Parties

Speed Sourcing Limited

1st Plaintiff

Sun Wood Company Limited

2nd Plaintiff

Shirley Mae Wong

3rd Plaintiff

Rainbow State Investments Limited

1st Defendant

Colonial Charm Investment Limited

2nd Defendant

Nice Gain (HK) Limited

3rd Defendant

Procedural Posture

Civil Trust and Property Proceedings / Interlocutory Applications (strike Out, Stay of Taxation, Amendment, Interim Payment) Heard and Disposed by Judgment

Legal Issues

  1. 1 Whether parts of D1's Defence and Counterclaim disclosed a reasonable defence or should be struck out for failure to provide particulars and/or abuse of process
  2. 2 Whether taxation of costs awarded to D2 and D3 should be stayed until conclusion of entire action under Order 62 r9D
  3. 3 Whether D2 and D3 should be formally removed from the action to give effect to earlier striking out order

Ratio Decidendi

D1's second answers to requests for particulars were, in the majority, vague, evasive and in breach of the Consent Order and the 08.09.14 Order; however, strike out would be disproportionate at this stage so the court imposed an unless order requiring full compliance by a fixed date (8 June 2015) with specified consequences. The stay of taxation failed because the claims against D2 and D3 had been finally disposed of by the earlier order and so their costs taxation should not be stayed; the amendment application by D2/D3 to remove their names was dismissed as unnecessary; D1 failed to demonstrate on the material before the court that it would obtain substantial judgment at trial and so...

Court Disposition

Applications disposed: unless order made compelling D1 to comply with particulars orders by 8 June 2015 or specified paragraphs struck out; Stay application dismissed; Amendment application dismissed; Interim payment application dismissed; costs awards made as set and nisi for finalization after 21 days.

Orders

  • Unless D1 complies with the Consent Order dated 22 July 2014 and the Order of 8 September 2014 by 4:30 pm on 8 June 2015, paragraphs 4, 7, 9, 12(a)–(f) and 12(i) of D1's Defence and Counterclaim shall be struck out
  • Costs of Plaintiffs' summons dated 10 October 2014 for striking out to be paid by D1 to Plaintiffs, to be taxed if not agreed, certificate for two Counsel