SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

The application for a split trial was dismissed: it was a late, unparticularised, and procedurally inappropriate application made contrary to a prior court direction to try the related proceedings together; Meyer failed to plead particulars of loss and damage to justify a quantum trial and showed no exceptional circumstances or prejudice not compensable by a follow-on action.

Citation
[2021] HKCFI 1690
Parties
Plaintiff (hca 1929/2017): Taching Petroleum Company, Limited; Plaintiff (hca 1069/2018): Shell Hong Kong Limited; Defendant (both Cases): Meyer Aluminium Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2021
Case Number
HCA1069/2018
Procedural Posture
Civil Action Competition Law Follow on / Set Off Defence / Pre Trial Review (trial Fixed to Commence 27 July 2021)
Outcome
Application for split trial dismissed.
Legal Topics
Split Trial, Set Off, Quantum of Damages, Expert Evidence, Case Management, Follow on Action, Pleadings
Source Language
EN
Competition Law Civil Procedure Commercial Law Antitrust Split Trial Set Off Quantum of Damages Expert Evidence +3 more

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Parties

Taching Petroleum Company, Limited

Plaintiff (hca 1929/2017)

Shell Hong Kong Limited

Plaintiff (hca 1069/2018)

Meyer Aluminium Limited

Defendant (both Cases)

Procedural Posture

Civil Action Competition Law Follow on / Set Off Defence / Pre Trial Review (trial Fixed to Commence 27 July 2021)

Legal Issues

  1. 1 Whether to order a split trial of liability and quantum
  2. 2 Whether a defendant can assert set-off based on alleged contravention of Competition Ordinance as cross-claim or defence
  3. 3 Whether Meyer has pleaded particulars of loss and damage sufficient to justify a trial on quantum

Ratio Decidendi

The application for a split trial was dismissed: it was a late, unparticularised, and procedurally inappropriate application made contrary to a prior court direction to try the related proceedings together; Meyer failed to plead particulars of loss and damage to justify a quantum trial and showed no exceptional circumstances or prejudice not compensable by a follow-on action.

Court Disposition

Application for split trial dismissed.

Orders

  • Application for split trial dismissed
  • Trial to proceed as scheduled commencing 27 July 2021 with 10 days reserved