WILLIAM THOMSON v. TANNER DE WITT (a firm)

WILLIAM THOMSON v. TANNER DE WITT (a firm)

The Answers filed by the 2nd Defendant were illusory and did not genuinely furnish the particulars ordered; the 2nd Defendant therefore breached the unless order and the consequence stated in the unless order follows — the specified paragraphs of the Defence are struck out and costs are awarded to the Plaintiff.

Citation
WILLIAM THOMSON v. TANNER DE WITT (a firm)
Parties
Plaintiff: William Thomson; Plaintiff: Hans-Juergen Boewe; 2nd Defendant: Tanner De Witt (a firm)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 May 2006
Case Number
DCCJ3388/2005
Procedural Posture
Civil Action (applications Under Civil Procedure) / Application to Strike Out Pursuant to an Unless Order; Judgment Handed Down
Outcome
Struck out specified paragraphs of the 2nd Defendant's Defence in both cases; costs awarded to the Plaintiff; order nisi to be made absolute after 14 days
Legal Topics
Strike Out, Further and Better Particulars, Unless Order, Compliance With Procedural Orders, Illusory Pleadings
Source Language
EN
Civil Procedure Pleadings Litigation Costs Strike Out Further and Better Particulars Unless Order Compliance With Procedural Orders +1 more

Case Brief

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Parties

William Thomson

Plaintiff

Hans-Juergen Boewe

Plaintiff

Tanner De Witt (a firm)

2nd Defendant

Procedural Posture

Civil Action (applications Under Civil Procedure) / Application to Strike Out Pursuant to an Unless Order; Judgment Handed Down

Legal Issues

  1. 1 Whether the Answers filed complied with the unless order or were illusory
  2. 2 Whether the 2nd Defendant furnished adequate particulars to enable trial preparation
  3. 3 Whether the consequence of the unless order (striking out specified paragraphs) should follow and costs be awarded

Ratio Decidendi

The Answers filed by the 2nd Defendant were illusory and did not genuinely furnish the particulars ordered; the 2nd Defendant therefore breached the unless order and the consequence stated in the unless order follows — the specified paragraphs of the Defence are struck out and costs are awarded to the Plaintiff.

Court Disposition

Struck out specified paragraphs of the 2nd Defendant's Defence in both cases; costs awarded to the Plaintiff; order nisi to be made absolute after 14 days

Orders

  • Paragraph 2 (3rd sentence), Paragraph 3 (3rd sentence), Paragraph 4 (1st to 4th sentences), Paragraph 5 (2nd to 5th sentences), Paragraph 6 (4th sentence), Paragraph 7 (3rd sentence), Paragraph 10, Paragraph 13 (2nd sentence), Paragraph 15(b) (1st and 2nd sentences), Paragraph 15(c) (1st sentence), Paragraph 15(d)...
  • The 2nd Defendant shall pay the Plaintiff's costs, to be taxed if not agreed.