Chinaculture.Com Ltd v. Prime Surplus Ltd and Another

HCMP 1454/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1454 OF 2017

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IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2548 OF 2017

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(HEARD TOGETHER)

Before:  Hon Harris J in Chambers

Date of Hearing:  13 December 2017

Date of Decision:  13 December 2017

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D E C I S I O N

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1.This is a case management conference dealing with two associated sets of proceedings: a petition in HCMP 1454/2017 and an originating summons in HCMP 2548/2017 for leave to commence a derivative action. The originating summons relates to the affairs of CNT Group Limited (“Company”) which is a listed company. Leave is sought to commence proceedings against three people identified in the originating summons.

2.The Company after consideration has, primarily as I understand it, with a view to the underlying disputes being substantively resolved as swiftly as possible, agreed to leave being granted.  The consequence of this is that dates in June which had been identified for the hearing of the petition, which it having been agreed that leave be granted the petitioner agrees to withdraw, should now be used for substantive trial of the derivative action.  The costs of the originating summons and the costs of the derivative action itself will be dealt with at the trial in June, as will the costs of the petition.

3.The parties have addressed me at some length on the directions that should be made to bring the derivative action to trial.  I will make the following directions on the assumption that the writ will be issued by 4:30pm on 15 December 2017:

(1) The defence is to be filed and served by 5 pm on 5January 2018.

(2) The reply is to be filed and served by 5 pm on 19 January 2018.

(3) Discovery is to take place by exchange of lists of documents relevant to the matters in issue in the action and in their possession, custody, and power of each of the parties by 5 pm on 2 February 2018.

(4) Inspection is to take place on or before 9 February 2018.

(5) There will be a case management conference on 21 February 2018 at 10 am.

(6) Witness statements shall be filed and served by 5 pm on 2 March 2018.

(7) Reply witness statements shall be exchanged and filed by 5 pm on 23 March 2018.

(8) The plaintiff shall serve by 5 pm on 8 January 2018 a list of the areas of dispute in respect of which it intends to serve or intends to adduce opinion evidence through not more than three expert witnesses.

(9) The defendant shall inform the plaintiff by 5 pm 15 January 2018 whether it agrees or whether it intends to adduce opinion evidence in respect of any other matters.

(10) Experts reports shall be exchanged by 5 pm on 2 March 2018. 

(11) The experts of similar expertise shall meet by 5 pm on 23 March 2018 to identify those areas which they are able to agree and those areas which remain in dispute. 

(12) The experts of similar expertise shall prepare: (a) a joint report by 5 pm on 13 April 2018 identifying those matters that they are able to agree and those matters over which they disagree; and (b) supplemental reports adding, if they consider it necessary, to their opinion evidence concerning the matters which are in dispute.

(9) All interlocutory applications should be issued by 5 pm on 29 March 2018. 

(10) There shall be a pre-trial review at 10 am on 24 April 2018. 

(11) Costs of the case management conference, be reserved to the trial of the derivative action.

(12) Costs of the pre-trial review, be reserved to the trial of the derivative action.

Mr Victor Joffe and Ms Sara Tong, instructed by Baker & McKenzie, for the petitioner in HCMP 1454/2017 and the plaintiff in HCMP 2548/2017

Mr Laurence Li and Mr Martin Ho, instructed by Miao & Co, for the 1^st respondent in HCMP 1454/2017

Mr Anson Wong SC and Mr Martin Kok, instructed by Stevenson, Wong & Co, for the 2^nd respondent in HCMP 1454/2017 and the defendant in HCMP 2548/2017