PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

The Court of Appeal held that the pleadings and supporting material showed the plaintiff's claims were based on allegations of fraud and deliberate dishonesty (including concealment and false accounting); accordingly Order 1(2)(b) excluded the action from the scope of Order 14 and the High Court had no jurisdiction to grant summary judgment — the appeals were allowed, the summary judgment orders set aside and the matters remitted for case management and full trial where appropriate.

Citation
PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS
Parties
Plaintiff / Respondent: Pacific Electric Wire & Cable Company Limited; 1st Defendant / Appellant: Harmutty Limited; 2nd Defendant / Appellant: Haddowe Limited; 3rd Defendant / Appellant: Casparson Properties Limited; Individual Defendant / Intervener on Costs Appeal: Hu Hung Chiu; 18th Defendant / Appellant: Blinco Enterprises Limited; 19th Defendant / Appellant: Patagonia Limited; 1st Defendant (in CACV 210): Texan Management Limited; 2nd Defendant (in CACV 210): Clipper Investment Limited; Defendant (5th): William Yip Chi Hung; Defendant (6th): Ben Chung Che Ling
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 March 2009
Case Number
CACV351/2008
Procedural Posture
Civil Appeal From High Court Summary Judgment Applications / Court of Appeal Judgment Allowing Appeals and Setting Aside Summary Judgment Orders; Remitted for Case Management
Outcome
Appeals allowed; summary judgment orders of Saunders J set aside for lack of jurisdiction under Order 1(2)(b); matters remitted to judge in charge of the commercial list for case management and further proceedings.
Legal Topics
Summary Judgment, Fraud, Constructive Trust, Resulting Trust, Money Had and Received, Jurisdiction, Case Management, Order 14, Order 1(2)(b)
Source Language
EN
Civil Procedure Company Law Equity and Trusts Commercial Litigation Summary Judgment Fraud Constructive Trust Resulting Trust +5 more

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Parties

Pacific Electric Wire & Cable Company Limited

Plaintiff / Respondent

Harmutty Limited

1st Defendant / Appellant

Haddowe Limited

2nd Defendant / Appellant

Casparson Properties Limited

3rd Defendant / Appellant

Hu Hung Chiu

Individual Defendant / Intervener on Costs Appeal

Blinco Enterprises Limited

18th Defendant / Appellant

Patagonia Limited

19th Defendant / Appellant

Texan Management Limited

1st Defendant (in CACV 210)

Clipper Investment Limited

2nd Defendant (in CACV 210)

William Yip Chi Hung

Defendant (5th)

Ben Chung Che Ling

Defendant (6th)

Procedural Posture

Civil Appeal From High Court Summary Judgment Applications / Court of Appeal Judgment Allowing Appeals and Setting Aside Summary Judgment Orders; Remitted for Case Management

Legal Issues

  1. 1 Whether Order 14 summary judgment proceedings are available where the writ includes a claim based on an allegation of fraud
  2. 2 Whether claims pleaded as constructive/resulting trusts or money had and received are nevertheless claims based on fraud that oust summary disposal jurisdiction
  3. 3 Whether the volume and complexity of evidence rendered summary judgment inappropriate and required full trial/case management

Ratio Decidendi

The Court of Appeal held that the pleadings and supporting material showed the plaintiff's claims were based on allegations of fraud and deliberate dishonesty (including concealment and false accounting); accordingly Order 1(2)(b) excluded the action from the scope of Order 14 and the High Court had no jurisdiction to grant summary judgment — the appeals were allowed, the summary judgment orders set aside and the matters remitted for case management and full trial where appropriate.

Court Disposition

Appeals allowed; summary judgment orders of Saunders J set aside for lack of jurisdiction under Order 1(2)(b); matters remitted to judge in charge of the commercial list for case management and further proceedings.

Orders

  • Appeals allowed
  • Orders of summary judgment given on 18 January 2008 set aside