CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS

CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS

The counterclaim as against the 13th defendant (JJ) is struck out because no relief was pleaded against him and the proposed amendments to add him are an abuse of process (a separate action already exists, no new loss identified, and duress does not support damages absent an actionable tort). The Amendment Summons to introduce a new cause of action impugning the August 2011 EGM is dismissed because the cause accrued after the date of the writ and does not satisfy Limitation Ordinance s35(6) and Order 20 requirements, and is therefore time‑barred and not properly introduced by amendment.

Citation
[2020] HKCFI 2477
Parties
1st Plaintiff; 1st Defendant (by Counterclaim): Tasty Catering Group Limited; 2nd Plaintiff; 2nd Defendant (by Counterclaim): Federal Management Limited; 3rd Plaintiff; 4th Plaintiff (in Consolidated Action): K.T. Holdings Limited; 4th Plaintiff: Honlex Investment Limited; 1st Plaintiff (by Counterclaim) and Appeared in Person: Cheng Hung Kit; 3rd Defendant (by Counterclaim): Easy Step Global Limited; 4th Defendant (by Counterclaim): Wealth Highlight Limited; 5th Defendant (by Counterclaim): Get Rich Asia Limited; 6th Defendant (by Counterclaim): Pitt Tak Group Limited; 7th Defendant (by Counterclaim): Allied Bless Limited; 3rd Defendant (by Original Action) and 8th Defendant (by Counterclaim): Hang Heung Cake Shop Company Limited; 9th Defendant (by Counterclaim): Hang Heung Hop Kee Investment Company Limited; 10th Defendant (by Counterclaim): Minehead Finance Limited; 11th Defendant (by Counterclaim): Wong Tit Fong; 12th Defendant (by Counterclaim): Chan Chi Keung; 13th Defendant (by Counterclaim): Jerry Jim Yiu Ming; 2nd Plaintiff (in HCA 1137/2011): Cheng Hung Sang; 3rd Plaintiff (in HCA 1137/2011): Chung Ying Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 September 2020
Case Number
HCA1137/2011
Procedural Posture
Consolidated Civil Actions HCA 1130/2011 and HCA 1137/2011 (share Dispute; Counterclaim) / Interlocutory Applications in Chambers: Strike Out Summons and Amendment Summons Heard 10 Sep 2020; Decision 23 Sep 2020
Outcome
Counterclaim as against 13th defendant struck out; Amendment Summons dismissed in its entirety
Legal Topics
Strike Out, Amendment of Pleadings, Misjoinder, Duress, Rescission, Limitation Period, Articles of Association, Order 20 Rule 5(5), Limitation Ordinance S35
Source Language
EN
Civil Procedure Company Law Contract Equity Limitation Law Strike Out Amendment of Pleadings Misjoinder +6 more

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Parties

Tasty Catering Group Limited

1st Plaintiff; 1st Defendant (by Counterclaim)

Federal Management Limited

2nd Plaintiff; 2nd Defendant (by Counterclaim)

K.T. Holdings Limited

3rd Plaintiff; 4th Plaintiff (in Consolidated Action)

Honlex Investment Limited

4th Plaintiff

Cheng Hung Kit

1st Plaintiff (by Counterclaim) and Appeared in Person

Easy Step Global Limited

3rd Defendant (by Counterclaim)

Wealth Highlight Limited

4th Defendant (by Counterclaim)

Get Rich Asia Limited

5th Defendant (by Counterclaim)

Pitt Tak Group Limited

6th Defendant (by Counterclaim)

Allied Bless Limited

7th Defendant (by Counterclaim)

Hang Heung Cake Shop Company Limited

3rd Defendant (by Original Action) and 8th Defendant (by Counterclaim)

Hang Heung Hop Kee Investment Company Limited

9th Defendant (by Counterclaim)

Minehead Finance Limited

10th Defendant (by Counterclaim)

Wong Tit Fong

11th Defendant (by Counterclaim)

Chan Chi Keung

12th Defendant (by Counterclaim)

Jerry Jim Yiu Ming

13th Defendant (by Counterclaim)

Cheng Hung Sang

2nd Plaintiff (in HCA 1137/2011)

Chung Ying Hung

3rd Plaintiff (in HCA 1137/2011)

Procedural Posture

Consolidated Civil Actions HCA 1130/2011 and HCA 1137/2011 (share Dispute; Counterclaim) / Interlocutory Applications in Chambers: Strike Out Summons and Amendment Summons Heard 10 Sep 2020; Decision 23 Sep 2020

Legal Issues

  1. 1 Whether the 13th defendant (JJ) should be struck out for no relief being pleaded against him
  2. 2 Whether the plaintiffs by counterclaim may amend the Defence & Counterclaim to add JJ as a defendant and to claim damages for duress
  3. 3 Whether the plaintiffs by counterclaim may amend to introduce a new cause of action challenging resolutions at the August 2011 EGM

Ratio Decidendi

The counterclaim as against the 13th defendant (JJ) is struck out because no relief was pleaded against him and the proposed amendments to add him are an abuse of process (a separate action already exists, no new loss identified, and duress does not support damages absent an actionable tort). The Amendment Summons to introduce a new cause of action impugning the August 2011 EGM is dismissed because the cause accrued after the date of the writ and does not satisfy Limitation Ordinance s35(6) and Order 20 requirements, and is therefore time‑barred and not properly introduced by amendment.

Court Disposition

Counterclaim as against 13th defendant struck out; Amendment Summons dismissed in its entirety

Orders

  • The plaintiffs by counterclaim\'s counterclaim as against the 13th defendant (Jerry Jim Yiu Ming) is struck out
  • The Amendment Summons is dismissed