Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Alternative and inconsistent pleadings (o 18 r 12a)
  • 8 Apr 2014

    YIU KA FUNG VINCENT t/a CONFIDENCE SERVICES CENTRE v. INFO VANTAGE LTD AND ANOTHER

    Citation
    YIU KA FUNG VINCENT t/a CONFIDENCE SERVICES CENTRE v. INFO VANTAGE LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1066/2013

    The proposed s 8 alternative defence (New Paragraphs) was incompatible and inconsistent with the pleaded denial of being a transferee (Relevant Paragraphs); the s 8 contention relied on notional/insufficiently particularised payments within D2's knowledge and therefore lacked reasonable ground as an alternative factual allegation; D2 was granted 14 days to elect which case to run (rely on paragraphs 7–9 or proposed paragraphs 10–11); costs reserved.

    • Transfer of business (protection of creditors) ordinance cap.49
    • Section 3 transferee liability
    • Section 8 limitation of liability
    • Striking out and amendment of pleadings (o 18 r 19, o 20 r 5)
    • Alternative and inconsistent pleadings (o 18 r 12a)