GREAT PERPRECT INVESTMENT LTD v. LEUNG YAT WAH AND OTHERS

GREAT PERPRECT INVESTMENT LTD v. LEUNG YAT WAH AND OTHERS

An application to strike out pleadings which falls within the jurisdiction properly exercisable by a master under Order 32 r11 must be brought by summons before the master; bringing the matter by notice of motion in open court improperly bypasses the master, confers an unfair advantage and is procedurally inappropriate, accordingly the motions were dismissed with costs.

Citation
GREAT PERPRECT INVESTMENT LTD v. LEUNG YAT WAH AND OTHERS
Parties
Plaintiff; 2nd Defendant (counterclaim): Great Perfect Investment Limited; Defendant; Counterclaim Plaintiff: Leung Yat Wah; Defendant; Counterclaim Plaintiff: Chen Chien Lin; Defendant; Counterclaim Defendant: Chan Kwai Ying alias Wendy Chan trading as Kin Wai Bleaching & Dyeing Factory; Counterclaim Defendant: Ying Fung Distillery Limited; Counterclaim Defendant: Richard Bryson; Counterclaim Defendant: Michael C. Seto
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 June 1990
Case Number
HCA5917/1989
Procedural Posture
Civil Interlocutory Application to Strike Out Pleadings / Hearing of Notice of Motion (interlocutory)
Outcome
Motions dismissed with costs
Legal Topics
Strike Out, Masters' Jurisdiction, Procedure by Motion Vs Summons, Order 32 R11, Order 32 R12
Source Language
EN
Civil Procedure Court Practice Strike Out Masters' Jurisdiction Procedure by Motion Vs Summons Order 32 R11 Order 32 R12

Case Brief

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Parties

Great Perfect Investment Limited

Plaintiff; 2nd Defendant (counterclaim)

Leung Yat Wah

Defendant; Counterclaim Plaintiff

Chen Chien Lin

Defendant; Counterclaim Plaintiff

Chan Kwai Ying alias Wendy Chan trading as Kin Wai Bleaching & Dyeing Factory

Defendant; Counterclaim Defendant

Ying Fung Distillery Limited

Counterclaim Defendant

Richard Bryson

Counterclaim Defendant

Michael C. Seto

Counterclaim Defendant

Procedural Posture

Civil Interlocutory Application to Strike Out Pleadings / Hearing of Notice of Motion (interlocutory)

Legal Issues

  1. 1 Whether an application to strike out pleadings may properly be brought by notice of motion in open court instead of by summons before a master under Order 32 r11
  2. 2 Whether bringing the matter by motion improperly bypasses the master's jurisdiction and gives an unfair advantage
  3. 3 Whether the motions should be dismissed

Ratio Decidendi

An application to strike out pleadings which falls within the jurisdiction properly exercisable by a master under Order 32 r11 must be brought by summons before the master; bringing the matter by notice of motion in open court improperly bypasses the master, confers an unfair advantage and is procedurally inappropriate, accordingly the motions were dismissed with costs.

Court Disposition

Motions dismissed with costs

Orders

  • Notice of motion dismissed
  • Costs awarded to defendants