ASSET CHOICE GROUP LTD AND ANOTHER v. ONBOARD TECHNOLOGY LTD AND ANOTHER

ASSET CHOICE GROUP LTD AND ANOTHER v. ONBOARD TECHNOLOGY LTD AND ANOTHER

The Amended Statement of Claim was insufficiently intelligible because it failed to plead the inter-relationship between the corporate 1st Agreement and the personal 2nd/Final Agreements or to explain how personal agreements between the individuals could vary or affect the corporate agreement; accordingly the Master's allowance of the amendments was set aside and the 2nd Plaintiff's claim struck out unless a proper fresh amendment is filed within the prescribed period.

Citation
ASSET CHOICE GROUP LTD AND ANOTHER v. ONBOARD TECHNOLOGY LTD AND ANOTHER
Parties
1st Plaintiff: ASSET CHOICE GROUP LIMITED; 2nd Plaintiff: TONG CHI KEUNG, TOM; 1st Defendant: ONBOARD TECHNOLOGY LIMITED; 2nd Defendant: PAUL Y SIU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2003
Case Number
HCA3215/2002
Procedural Posture
Civil — Contract and Company Law / Interlocutory Appeal From Master's Orders on Strike Out and Amendment of Pleadings
Outcome
Appeal allowed; Master's orders set aside; 2nd Plaintiff's claim struck out subject to limited stay for fresh amendment application; costs to Defendants
Legal Topics
Specific Performance, Amendment of Pleadings, Strike Out, Locus Standi, Variation of Contract, Parties and Capacity
Source Language
EN
Contract Civil Procedure Equity Company Law Specific Performance Amendment of Pleadings Strike Out Locus Standi +2 more

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Parties

ASSET CHOICE GROUP LIMITED

1st Plaintiff

TONG CHI KEUNG, TOM

2nd Plaintiff

ONBOARD TECHNOLOGY LIMITED

1st Defendant

PAUL Y SIU

2nd Defendant

Procedural Posture

Civil — Contract and Company Law / Interlocutory Appeal From Master's Orders on Strike Out and Amendment of Pleadings

Legal Issues

  1. 1 Whether the Amended Statement of Claim intelligibly pleaded a personal cause of action by the 2nd Plaintiff
  2. 2 Whether the Master erred in allowing the proposed amendments to the Statement of Claim
  3. 3 Whether the 2nd Plaintiff (an alleged agent) had locus standi to sue in his personal capacity under the pleaded agreements

Ratio Decidendi

The Amended Statement of Claim was insufficiently intelligible because it failed to plead the inter-relationship between the corporate 1st Agreement and the personal 2nd/Final Agreements or to explain how personal agreements between the individuals could vary or affect the corporate agreement; accordingly the Master's allowance of the amendments was set aside and the 2nd Plaintiff's claim struck out unless a proper fresh amendment is filed within the prescribed period.

Court Disposition

Appeal allowed; Master's orders set aside; 2nd Plaintiff's claim struck out subject to limited stay for fresh amendment application; costs to Defendants

Orders

  • The appeal is allowed.
  • The orders of the learned Master are set aside.