Hong Kong Case Law: Decisions & Judgments

Topic

Particularity of pleading

Legal area

Court

19 Sept 2018

CONVOY GLOBAL HOLDINGS LTD AND OTHERS v. CHO KWAI CHEE ROY AND OTHERS

Citation

[2018] HKCFI 2111
Court

Court of First Instance
Case number

HCA2922/2017

The court struck out the claim against the 26th defendant insofar as it related to the Circular Financing Arrangement because the pleading lacked necessary particulars, was speculative and embarrassing and there was no realistic prospect that the pleaded facts could support the requisite knowledge or loss; other claims (including the claim to rescind the allotment and claims dependent on findings at trial) were not struck out and remain for trial.
15 Oct 2015

ZHANG SHOUEN AND ANOTHER v. STANDARD CHARTERED BANK (HONG KONG) LTD

Citation

ZHANG SHOUEN AND ANOTHER v. STANDARD CHARTERED BANK (HONG KONG) LTD
Court

Court of First Instance
Case number

HCMP682/2015

The application was dismissed because the applicants failed to establish the statutory jurisdiction for pre-action discovery: they did not particularise the intended claims or issues sufficiently, did not show how each of the 130 telephone recordings was directly relevant to issues likely to arise in the anticipated proceedings, and therefore failed the threshold under s.41 and Order 24 rule 7A; consequently the court would not exercise its discretionary power to order pre-action discovery and did not need to reach the necessity question under rule 8(2).
30 May 2006

PECONIC INDUSTRIAL DEVELOPMENT LTD AND ANOTHER v. YU KA HONG PAUL AND ANOTHER

Citation

PECONIC INDUSTRIAL DEVELOPMENT LTD AND ANOTHER v. YU KA HONG PAUL AND ANOTHER
Court

Court of Appeal
Case number

CACV285/2005

The Court of Appeal held the judge erred in striking out the claims for dishonest assistance and intentional dishonest breach of fiduciary duty because the pleaded primary facts (receipts naming Elsie Chan, her known relationship with Chio and other suspicious circumstances) were sufficient to permit an inference of dishonesty and provided adequate particulars; further, the limitation defence could not be resolved at strike‑out because there were genuine disputes of fact about discovery and concealment that must be tried. The appeal was allowed and the action remitted to trial.
7 Mar 2006

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

Citation

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS
Court

Court of First Instance
Case number

HCA3291/2003

Costs follow the event; the 1st Defendant was successful on the strike out application and there was no impropriety justifying depriving him of costs so the costs order nisi is made absolute as to him (with deletion of reference to the 2nd Defendant who did not participate); the 3rd Defendant, having been summoned and reasonably attending, is entitled to its costs to be paid by the Plaintiff; Playmates Holdings and Playmates International are not necessary or proper parties where no relief is sought for them; the Plaintiff may amend but must re-draft particulars to remove speculative material…
30 Dec 1999

FIL LEVERAGED US GOVERNMENT BOND FUND LTD. AND OTHERS v. THE TCW GROUP INC. AND ANOTHER

Citation

FIL LEVERAGED US GOVERNMENT BOND FUND LTD. AND OTHERS v. THE TCW GROUP INC. AND ANOTHER
Court

Court of First Instance
Case number

HCCL231/1998

Leave to amend was refused because the fraudulent misrepresentation claim was not pleaded with the required particularity; use of broad 'core' representations and cross‑references such as 'consistent with and/or implicit in' rendered the fraud case a moving target and prevented the defendants from adequately meeting the allegations, which alone justified refusal.

Hong Kong Case Law

CONVOY GLOBAL HOLDINGS LTD AND OTHERS v. CHO KWAI CHEE ROY AND OTHERS

ZHANG SHOUEN AND ANOTHER v. STANDARD CHARTERED BANK (HONG KONG) LTD

PECONIC INDUSTRIAL DEVELOPMENT LTD AND ANOTHER v. YU KA HONG PAUL AND ANOTHER

WADDINGTON LTD v. CHAN CHUN HOO THOMAS AND OTHERS

FIL LEVERAGED US GOVERNMENT BOND FUND LTD. AND OTHERS v. THE TCW GROUP INC. AND ANOTHER