YU CHI MING v. CHIU YEE WAH KATHERINE AND ANOTHER

YU CHI MING v. CHIU YEE WAH KATHERINE AND ANOTHER

The application to strike out was dismissed because the impugned paragraphs were relevant to the respondent's defence and to the clean hands issue; repetition of allegations from a separate derivative action did not amount to abuse of process or res judicata, and dual‑purpose pleadings are not a ground for striking out.

Citation
YU CHI MING v. CHIU YEE WAH KATHERINE AND ANOTHER
Parties
Petitioner: Mr Yu Chi Ming; 1st Respondent: Madam Chiu Yee Wah, Catherine; Company (subject): Glory Plant Industrial Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 April 2003
Case Number
HCCW724/2002
Procedural Posture
Companies (winding Up) / Decision on Summons to Strike Out Points of Defence (interlocutory)
Outcome
Strike out application dismissed.
Legal Topics
Winding Up, Derivative Action, Buy Out Relief Under S168 a, Strike Out Application, Abuse of Process, Res Judicata, Clean Hands Doctrine, Costs Assessment
Source Language
EN
Company Law Civil Procedure Equity Winding Up Derivative Action Buy Out Relief Under S168 a Strike Out Application Abuse of Process +3 more

Case Brief

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Parties

Mr Yu Chi Ming

Petitioner

Madam Chiu Yee Wah, Catherine

1st Respondent

Glory Plant Industrial Ltd

Company (subject)

Procedural Posture

Companies (winding Up) / Decision on Summons to Strike Out Points of Defence (interlocutory)

Legal Issues

  1. 1 Whether paragraphs 16–21 and 22–24 of the Points of Defence are an abuse of process and should be struck out as frivolous or vexatious
  2. 2 Whether duplication of allegations in a separate High Court derivative action renders pleading them in the winding-up petition oppressive
  3. 3 Whether the pleaded matters amount to an impermissible counterclaim in these proceedings

Ratio Decidendi

The application to strike out was dismissed because the impugned paragraphs were relevant to the respondent's defence and to the clean hands issue; repetition of allegations from a separate derivative action did not amount to abuse of process or res judicata, and dual‑purpose pleadings are not a ground for striking out.

Court Disposition

Strike out application dismissed.

Orders

  • Mr Yu to pay Madam Chiu's costs forthwith assessed on a gross basis at HK$20,000.00