PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS

Leave to appeal was refused because, although the scope of the fraud exception under Order 14 r 1(2)(b) is a reasonably arguable question, the facts disclose sufficiently triable issues regarding the plaintiff's claim against the corporate defendants to render the case unsuitable for summary disposal under Order 14; the costs order including receiver-related expenses did not raise a question of sufficient public importance to justify leave.

Citation
PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS
Parties
Applicant/plaintiff: Pacific Electric Wire & Cable Company Limited; 1st Respondent/defendant: Harmutty Limited; Respondent/1st Defendant in FAMV 30/2009: Gold Global Limited; Respondent/1st Defendant in FAMV 29/2009: Texan Management Limited; Defendant/respondent (individual): Hu Hung Chiu; Corporate Defendant/respondent: All Dragon International Limited
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
14 September 2009
Case Number
FAMV33/2009
Procedural Posture
Application for Leave to Appeal (miscellaneous Proceedings) / Determination — Application for Leave to Appeal Dismissed
Outcome
Application for leave to appeal dismissed; order nisi that applicant pay costs to respondents
Legal Topics
Summary Judgment, Order 14 R 1(2)(b) Fraud Exception, Proprietary Remedy, Breach of Fiduciary Duty, Costs
Source Language
EN
Civil Procedure Equity Trusts Commercial Law Summary Judgment Order 14 R 1(2)(b) Fraud Exception Proprietary Remedy Breach of Fiduciary Duty +1 more

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Parties

Pacific Electric Wire & Cable Company Limited

Applicant/plaintiff

Harmutty Limited

1st Respondent/defendant

Gold Global Limited

Respondent/1st Defendant in FAMV 30/2009

Texan Management Limited

Respondent/1st Defendant in FAMV 29/2009

Hu Hung Chiu

Defendant/respondent (individual)

All Dragon International Limited

Corporate Defendant/respondent

Procedural Posture

Application for Leave to Appeal (miscellaneous Proceedings) / Determination — Application for Leave to Appeal Dismissed

Legal Issues

  1. 1 Whether Order 14 r 1(2)(b) excludes the plaintiff's claim by reason of alleged fraud
  2. 2 Whether the plaintiff's proprietary claim against corporate defendants is suitable for summary judgment under Order 14
  3. 3 Whether the Court of Appeal's costs order (including receiver expenses) raises a question of public importance

Ratio Decidendi

Leave to appeal was refused because, although the scope of the fraud exception under Order 14 r 1(2)(b) is a reasonably arguable question, the facts disclose sufficiently triable issues regarding the plaintiff's claim against the corporate defendants to render the case unsuitable for summary disposal under Order 14; the costs order including receiver-related expenses did not raise a question of sufficient public importance to justify leave.

Court Disposition

Application for leave to appeal dismissed; order nisi that applicant pay costs to respondents

Orders

  • Application for leave to appeal dismissed
  • Order nisi that the applicant pay the costs of the respondents