ADCO ENTERPRISES LTD v. PETS CENTRAL (HK) LTD

ADCO ENTERPRISES LTD v. PETS CENTRAL (HK) LTD

The court found that Pets Central's counterclaim raised real triable issues—notably the alleged conspiracies and disputed facts about possession and conduct of the 4th defendant—so the counterclaim should not be struck out; consequently the application for leave to appeal had no reasonable prospect of success and was dismissed.

Citation
ADCO ENTERPRISES LTD v. PETS CENTRAL (HK) LTD
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): ADCO Enterprises Limited; Defendant (original Action); Plaintiff (counterclaim): Pets Central (HK) Limited; 2nd Defendant (counterclaim): ADP Pentagon Pets Limited; 3rd Defendant (counterclaim): United Linkage Limited; 4th Defendant (counterclaim): Chan Kit Chau; 5th Defendant (counterclaim): Yip Yuk Tat Alexander; 6th Defendant (counterclaim): Yip Yuk Ming Paul; 7th Defendant (counterclaim): Wong Oi Chun
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 September 2011
Case Number
DCCJ4322/2010
Procedural Posture
Civil Action (landlord and Tenant; Counterclaim) / Application for Leave to Appeal Against Order Dismissing Application to Strike Out; Interlocutory Decision
Outcome
Application for leave to appeal dismissed with costs (to be taxed if not agreed)
Legal Topics
Strike Out, Summary Judgment, Leave to Appeal, Repossession, Nuisance, Conspiracy, Damages
Source Language
EN
Landlord and Tenant Civil Procedure Tort Conspiracy Nuisance Trespass Appeal Strike Out +4 more

Case Brief

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Parties

ADCO Enterprises Limited

Plaintiff (original Action); 1st Defendant (counterclaim)

Pets Central (HK) Limited

Defendant (original Action); Plaintiff (counterclaim)

ADP Pentagon Pets Limited

2nd Defendant (counterclaim)

United Linkage Limited

3rd Defendant (counterclaim)

Chan Kit Chau

4th Defendant (counterclaim)

Yip Yuk Tat Alexander

5th Defendant (counterclaim)

Yip Yuk Ming Paul

6th Defendant (counterclaim)

Wong Oi Chun

7th Defendant (counterclaim)

Procedural Posture

Civil Action (landlord and Tenant; Counterclaim) / Application for Leave to Appeal Against Order Dismissing Application to Strike Out; Interlocutory Decision

Legal Issues

  1. 1 Whether Pets Central's counterclaim should be struck out for raising no triable issue
  2. 2 Whether prior summary judgment on landlord's damages precludes counterclaim
  3. 3 Whether alleged conspiracy against Pets Central is supported by evidence

Ratio Decidendi

The court found that Pets Central's counterclaim raised real triable issues—notably the alleged conspiracies and disputed facts about possession and conduct of the 4th defendant—so the counterclaim should not be struck out; consequently the application for leave to appeal had no reasonable prospect of success and was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs (to be taxed if not agreed)

Orders

  • Application for leave to appeal dismissed with costs, to be taxed if not agreed