HANS-JUERGEN BOEWE v. TANNER DE WITT (a firm)

HANS-JUERGEN BOEWE v. TANNER DE WITT (a firm)

The Answers filed were illusory and did not constitute proper particulars as required by the Unless Order; therefore the specified paragraphs of the 2nd Defendant's Defence were in breach of the order and must be struck out, and costs follow.

Citation
HANS-JUERGEN BOEWE 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
DCCJ3389/2005
Procedural Posture
Civil Action (application for Further and Better Particulars and Strike Out) / Interlocutory Application Heard and Determined; Judgment Delivered
Outcome
Specified paragraphs of the 2nd Defendant's Defence struck out in both cases; costs awarded to the Plaintiff; order nisi to be made absolute after 14 days.
Legal Topics
Unless Order, Strike Out, Further and Better Particulars, Compliance With Court Order
Source Language
EN
Civil Procedure Litigation Evidence Costs Unless Order Strike Out Further and Better Particulars Compliance With Court Order

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 (application for Further and Better Particulars and Strike Out) / Interlocutory Application Heard and Determined; Judgment Delivered

Legal Issues

  1. 1 Whether the Answers to the Request for Further and Better Particulars were illusory
  2. 2 Whether the Unless Order was complied with
  3. 3 Whether specified paragraphs of the 2nd Defendant's Defence should be struck out for non-compliance

Ratio Decidendi

The Answers filed were illusory and did not constitute proper particulars as required by the Unless Order; therefore the specified paragraphs of the 2nd Defendant's Defence were in breach of the order and must be struck out, and costs follow.

Court Disposition

Specified paragraphs of the 2nd Defendant's Defence struck out 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. This is an order nisi to be made absolute upon expiry of 14 days.