YUEN OI YEE LISA v. HO YIU KUEN JACKY AND OTHERS

YUEN OI YEE LISA v. HO YIU KUEN JACKY AND OTHERS

The court exercised case management powers to balance expedition and justice: plaintiff was granted limited time (21 days) to file an umbrella affirmation in opposition to the RPO and striking-out summonses and defendants 7 days to reply; other steps in the main proceedings were stayed pending disposal of those summonses; the summonses were to be heard together and the earlier hearing before HHJ H C Wong on 12 August 2005 was vacated and the matter adjourned for argument on 3 October 2005 with specified directions for bundles, skeletons and authorities; costs of plaintiff's first and second summonses reserved.

Citation
YUEN OI YEE LISA v. HO YIU KUEN JACKY AND OTHERS
Parties
Plaintiff: Yuen Oi Yee Lisa; 1st Defendant: Mr Ho Yiu Kuen Jacky; 2nd Defendant: Mr Chan Kam Wan Kent; 3rd Defendant: Heath Company Limited; 4th Defendant: Mr Lai Yu Fai; 5th Defendant: Desa International Inc; 6th Defendant: Desa International LLC; 7th Defendant: HIG Capital; 8th Defendant: HIG-DHP Barbados Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 August 2005
Case Number
DCCJ3524/2005
Procedural Posture
Civil (district Court) Applications Concerning RPO Leave and Striking Out Summonses / Interlocutory Directions Hearing in Chambers (applications to Vacate Hearing Dates and Case Management Orders)
Outcome
Adjourned and case-managed: plaintiff given limited leave to file opposition; defendants given leave to reply; interim stay of other steps; hearings vacated and re-listed; costs reserved.
Legal Topics
RPO Leave, Striking Out Under Order 18 Rule 19, Stay of Proceedings, Adjournment, Leave to File Affidavits, Skeleton Arguments and Hearing Bundles
Source Language
EN
Civil Procedure Restrictive Proceedings Order (rpo) Inherent Jurisdiction Service of Process Case Management RPO Leave Striking Out Under Order 18 Rule 19 Stay of Proceedings +3 more

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Parties

Yuen Oi Yee Lisa

Plaintiff

Mr Ho Yiu Kuen Jacky

1st Defendant

Mr Chan Kam Wan Kent

2nd Defendant

Heath Company Limited

3rd Defendant

Mr Lai Yu Fai

4th Defendant

Desa International Inc

5th Defendant

Desa International LLC

6th Defendant

HIG Capital

7th Defendant

HIG-DHP Barbados Limited

8th Defendant

Procedural Posture

Civil (district Court) Applications Concerning RPO Leave and Striking Out Summonses / Interlocutory Directions Hearing in Chambers (applications to Vacate Hearing Dates and Case Management Orders)

Legal Issues

  1. 1 Whether the plaintiff is entitled to vacate the scheduled hearing dates of the RPO and striking-out summonses
  2. 2 Whether the defendants are precluded from issuing RPO or striking-out summonses by earlier directions or by an application under s27 High Court Ordinance
  3. 3 Whether the plaintiff should be given additional time to file opposing affidavits and the appropriate length of that period

Ratio Decidendi

The court exercised case management powers to balance expedition and justice: plaintiff was granted limited time (21 days) to file an umbrella affirmation in opposition to the RPO and striking-out summonses and defendants 7 days to reply; other steps in the main proceedings were stayed pending disposal of those summonses; the summonses were to be heard together and the earlier hearing before HHJ H C Wong on 12 August 2005 was vacated and the matter adjourned for argument on 3 October 2005 with specified directions for bundles, skeletons and authorities; costs of plaintiff's first and second summonses reserved.

Court Disposition

Adjourned and case-managed: plaintiff given limited leave to file opposition; defendants given leave to reply; interim stay of other steps; hearings vacated and re-listed; costs reserved.

Orders

  • Leave to plaintiff to file and serve an umbrella affirmation in opposition to the first and second striking-out summonses and the RPO summons together within 21 days from 10 August 2005
  • Leave to the 1st to 3rd defendants and the 4th defendant to file and serve affirmations in reply within 7 days thereafter