CHAN SHING CHOI AND ANOTHER v. KOO MOO YU AND OTHERS

CHAN SHING CHOI AND ANOTHER v. KOO MOO YU AND OTHERS

The Offending Part of para 10 was struck out because it comprised scandalous, wide‑ranging and unevidenced allegations that were irrelevant to the pleaded issues, lacked particulars, and would prejudice, embarrass or delay a fair trial; the Respondents' Notice of Cross-Appeal was dismissed as misconceived since there was no appealable order and appeals from a Master are by way of rehearing.

Citation
[2019] HKCFI 2995
Parties
1st Plaintiff: CHAN SHING CHOI (陳盛才); 2nd Plaintiff: CHAN FUN CHU (陳粉珠); 1st Defendant: KOO MOO YU (顧夢榆); 2nd Defendant: KOO MOO YU formerly trading as LAERTES SECURITIES COMPANY (利逹時證券公司); 3rd Defendant: AEVITAS SECURITIES LIMITED (大錦證劵有限公司) [formerly known as LAERTES SECURITIES COMPANY LIMITED (利達時證券有限公司)]
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2019
Case Number
HCA2271/2017
Procedural Posture
Civil Appeal From Master – Strike Out Application / Decision on Appeal (rehearing)
Outcome
Appeal allowed in part; offending part of para 10 struck out; cross-appeal dismissed; order below set aside
Legal Topics
Strike Out, Scandalous Pleading, Breach of Promise, Employment Ordinance Cap 57, Mandatory Provident Funds Ordinance Cap 485, Securities and Futures Ordinance Cap 517, Costs
Source Language
EN
Civil Procedure Employment Law Securities Regulation Contract Tort (deceit/misrepresentation) Strike Out Scandalous Pleading Breach of Promise +4 more

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Parties

CHAN SHING CHOI (陳盛才)

1st Plaintiff

CHAN FUN CHU (陳粉珠)

2nd Plaintiff

KOO MOO YU (顧夢榆)

1st Defendant

KOO MOO YU formerly trading as LAERTES SECURITIES COMPANY (利逹時證券公司)

2nd Defendant

AEVITAS SECURITIES LIMITED (大錦證劵有限公司) [formerly known as LAERTES SECURITIES COMPANY LIMITED (利達時證券有限公司)]

3rd Defendant

Procedural Posture

Civil Appeal From Master – Strike Out Application / Decision on Appeal (rehearing)

Legal Issues

  1. 1 Whether para 10 (Offending Part) of the Reply is scandalous, irrelevant or liable to prejudice, embarrass or delay a fair trial and should be struck out
  2. 2 Whether the allegations in the Offending Part are relevant to pleaded claims of deceit or misrepresentation
  3. 3 Whether the Respondents' Notice of Cross-Appeal is competent

Ratio Decidendi

The Offending Part of para 10 was struck out because it comprised scandalous, wide‑ranging and unevidenced allegations that were irrelevant to the pleaded issues, lacked particulars, and would prejudice, embarrass or delay a fair trial; the Respondents' Notice of Cross-Appeal was dismissed as misconceived since there was no appealable order and appeals from a Master are by way of rehearing.

Court Disposition

Appeal allowed in part; offending part of para 10 struck out; cross-appeal dismissed; order below set aside

Orders

  • Offending part of paragraph 10 of the Reply struck out
  • Respondents' Notice of Cross-Appeal dismissed