STEADFAST INTERNATIONAL LTD v. TUENBO CO LTD AND OTHERS

STEADFAST INTERNATIONAL LTD v. TUENBO CO LTD AND OTHERS

Recorder Manzoni held that a two‑week extension to 14 July 2021 should be granted on an unless basis: if the plaintiff does not file the affirmation by that date the plaintiff is debarred from filing evidence in opposition; the sanction is appropriate despite no final order; costs of the application are to be paid...

Source-derived case information.

Citation
[2021] HKCFI 2115
Parties
Plaintiff: Steadfast International Limited; 1st Defendant: Tuenbo Company Limited; 2nd Defendant: Unnamed 2nd Defendant; 3rd Defendant: Unnamed 3rd Defendant; 4th Defendant: Unnamed 4th Defendant; 6th Defendant: Ideal Win Company Limited; 7th Defendant: Cheung Ka Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 June 2021
Case Number
HCA2095/2016
Procedural Posture
Civil (interlocutory Application Concerning Injunction and Summary Judgment) / Application for Extension of Time to File Affirmation in Opposition (interlocutory)
Outcome
Application granted in part: two‑week extension granted until 14 July 2021 on an unless basis; plaintiff debarred from filing evidence if deadline missed; costs awarded to defendants.
Legal Topics
Extension of Time, Unless Order, Debarment of Evidence, Evidence in Opposition
Source Language
en
Civil Procedure Injunctions Interim Relief Summary Judgment Costs Extension of Time Unless Order Debarment of Evidence +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Steadfast International Limited

Plaintiff

Tuenbo Company Limited

1st Defendant

Unnamed 2nd Defendant

2nd Defendant

Unnamed 3rd Defendant

3rd Defendant

Unnamed 4th Defendant

4th Defendant

Ideal Win Company Limited

6th Defendant

Cheung Ka Ming

7th Defendant

Procedural Posture

Civil (interlocutory Application Concerning Injunction and Summary Judgment) / Application for Extension of Time to File Affirmation in Opposition (interlocutory)

Legal Issues

  1. 1 Whether to grant a further extension of time to file affirmation in opposition
  2. 2 Whether the extension should be granted on an 'unless' basis with debarment sanction
  3. 3 Appropriate length of the extension given a substantive hearing date

Ratio Decidendi

Recorder Manzoni held that a two‑week extension to 14 July 2021 should be granted on an unless basis: if the plaintiff does not file the affirmation by that date the plaintiff is debarred from filing evidence in opposition; the sanction is appropriate despite no final order; costs of the application are to be paid by the plaintiff and summarily assessed at $1,040.

Court Disposition

Application granted in part: two‑week extension granted until 14 July 2021 on an unless basis; plaintiff debarred from filing evidence if deadline missed; costs awarded to defendants.

Orders

  • Plaintiff granted extension to file evidence in opposition up to and including 14 July 2021.
  • Unless order: if plaintiff does not file evidence by 14 July 2021, plaintiff is debarred from filing evidence in opposition.