GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

Defendants intentionally and contumeliously disobeyed clear court orders to file and serve an English translation of their Defence and Counterclaim; accordingly an unless order was justified requiring compliance within 7 days or else striking out the Defence and Counterclaim and entering default judgment for the plaintiffs, together with an award of costs.

Citation
GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER
Parties
1st Plaintiff: Grant Thornton International Limited; 2nd Plaintiff: Jonathan Russell Leong; 3rd Plaintiff: Ringo Chiu Wing Cheung; 4th Plaintiff: Andrew Lam Hung Yun; 5th Plaintiff: Gary Terence James; 6th Plaintiff: Lo Ngai Hang (also known as Tony Lo Ngai Hang); 7th Plaintiff: Au Yiu Kwan (also known as Alvin Au Yiu Kwan); 8th Plaintiff: Li Wing Yin (also known as Amos Li Wing Yin); 9th Plaintiff: Norman Twui Ka Che; 1st Defendant: Tang Chung Wah (also known as Alan Tang); 2nd Defendant: Lee Fung Ying (also known as Alison Wong)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2013
Case Number
HCCL17/2012
Procedural Posture
Commercial Action No 17 of 2012 (high Court, Court of First Instance) / Interlocutory Application for Unless Order (adjourned Hearing)
Outcome
Unless order granted: defendants ordered to file and serve an English translation within 7 days or their Defence and Counterclaim will be struck out and default judgment entered for the plaintiffs; costs awarded to plaintiffs.
Legal Topics
Unless Order, Translation Requirement, Default Judgment, Summary Assessment of Costs, Compliance With Court Orders
Source Language
EN
Civil Procedure Contempt Enforcement of Court Orders Costs Unless Order Translation Requirement Default Judgment Summary Assessment of Costs +1 more

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Parties

Grant Thornton International Limited

1st Plaintiff

Jonathan Russell Leong

2nd Plaintiff

Ringo Chiu Wing Cheung

3rd Plaintiff

Andrew Lam Hung Yun

4th Plaintiff

Gary Terence James

5th Plaintiff

Lo Ngai Hang (also known as Tony Lo Ngai Hang)

6th Plaintiff

Au Yiu Kwan (also known as Alvin Au Yiu Kwan)

7th Plaintiff

Li Wing Yin (also known as Amos Li Wing Yin)

8th Plaintiff

Norman Twui Ka Che

9th Plaintiff

Tang Chung Wah (also known as Alan Tang)

1st Defendant

Lee Fung Ying (also known as Alison Wong)

2nd Defendant

Procedural Posture

Commercial Action No 17 of 2012 (high Court, Court of First Instance) / Interlocutory Application for Unless Order (adjourned Hearing)

Legal Issues

  1. 1 Whether to grant an unless order for failure to serve an English translation of the Defence and Counterclaim
  2. 2 Whether the defendants' non-compliance was intentional and contumelious
  3. 3 Whether to strike out the Defence and Counterclaim and enter default judgment

Ratio Decidendi

Defendants intentionally and contumeliously disobeyed clear court orders to file and serve an English translation of their Defence and Counterclaim; accordingly an unless order was justified requiring compliance within 7 days or else striking out the Defence and Counterclaim and entering default judgment for the plaintiffs, together with an award of costs.

Court Disposition

Unless order granted: defendants ordered to file and serve an English translation within 7 days or their Defence and Counterclaim will be struck out and default judgment entered for the plaintiffs; costs awarded to plaintiffs.

Orders

  • Unless the defendants do within 7 days from 29 May 2013 file and serve an English translation of their Defence and Counterclaim dated 4 February 2013, the Defence and Counterclaim be struck out and default judgment be entered in favour of the plaintiffs in terms of the Statement of Claim.
  • Costs of the summons for the unless order, including the hearings on 11 April 2013 and 29 May 2013, are awarded to the plaintiffs, summarily assessed at HK$21,000.