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 court dismissed the striking-out summons because the asserted grounds (multiplicity and warehousing) failed and, given the parties were in pari delicto, made no order as to costs; the Chengs' application to adduce two late affirmations was refused as unnecessary to the dismissal and prejudicial because it would cause adjournment; consolidation was identified as the practical solution to the impasse.

Citation
CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS
Parties
1st Plaintiff: CHENG HUNG KIT; 2nd Plaintiff: CHENG HUNG SANG; 3rd Plaintiff: CHUNG YING HUNG; 4th Plaintiff: K T HOLDINGS LIMITED; 1st Defendant: TASTY CATERING GROUP LIMITED; 2nd Defendant: FEDERAL MANAGEMENT LIMITED; 3rd Defendant: EASY STEP GLOBAL LIMITED; 4th Defendant: WEALTH HIGHLIGHT LIMITED; 5th Defendant: GET RICH ASIA LIMITED; 6th Defendant: PITT TAK GROUP LIMITED; 7th Defendant: ALLIED BLESS LIMITED; 8th Defendant: HANG HEUNG CAKE SHOP COMPANY LIMITED; 9th Defendant: HANG HEUNG HOP KEE INVESTMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2014
Case Number
HCA1137/2011
Procedural Posture
Civil Action (striking Out Summons) / Decision (in Chambers)
Outcome
Striking-out summons dismissed; Chengs' summons to adduce the 5th and 6th affirmations refused; no order as to costs (except those already ordered in the amended draft order); matters consolidated.
Legal Topics
Striking Out, Warehousing, Pari Delicto, Consolidation, Admission of Late Affirmations, Waiver of Privilege
Source Language
EN
Civil Procedure Evidence Costs Company/commercial Law Striking Out Warehousing Pari Delicto Consolidation +2 more

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Parties

CHENG HUNG KIT

1st Plaintiff

CHENG HUNG SANG

2nd Plaintiff

CHUNG YING HUNG

3rd Plaintiff

K T HOLDINGS LIMITED

4th Plaintiff

TASTY CATERING GROUP LIMITED

1st Defendant

FEDERAL MANAGEMENT LIMITED

2nd Defendant

EASY STEP GLOBAL LIMITED

3rd Defendant

WEALTH HIGHLIGHT LIMITED

4th Defendant

GET RICH ASIA LIMITED

5th Defendant

PITT TAK GROUP LIMITED

6th Defendant

ALLIED BLESS LIMITED

7th Defendant

HANG HEUNG CAKE SHOP COMPANY LIMITED

8th Defendant

HANG HEUNG HOP KEE INVESTMENT COMPANY LIMITED

9th Defendant

Procedural Posture

Civil Action (striking Out Summons) / Decision (in Chambers)

Legal Issues

  1. 1 Multiplicity of proceedings
  2. 2 Warehousing
  3. 3 Admission of late affirmations

Ratio Decidendi

The court dismissed the striking-out summons because the asserted grounds (multiplicity and warehousing) failed and, given the parties were in pari delicto, made no order as to costs; the Chengs' application to adduce two late affirmations was refused as unnecessary to the dismissal and prejudicial because it would cause adjournment; consolidation was identified as the practical solution to the impasse.

Court Disposition

Striking-out summons dismissed; Chengs' summons to adduce the 5th and 6th affirmations refused; no order as to costs (except those already ordered in the amended draft order); matters consolidated.

Orders

  • Striking-out summons dismissed
  • Chengs' summons to adduce the fifth and sixth affirmations of H K Cheng dismissed/refused