Chinaculture.Com Ltd (Suing on behalf of Itself and All Other Shareholders in Cnt Group Ltd, Except Prime Surplus Limited) v. Lam Ting Ball, Paul and Others

HCA 2902/2017

[2020] HKCFI 2305

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2902 OF 2017

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D E C I S I O N

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1.On 24 July 2020 I handed down a decision, which in [9] I set out the matters on which corporate finance opinion evidence could be adduced. I allowed the parties the opportunity to comment further on them. The Plaintiff has provided its comments in the form of Mr Yu’s submissions, which take the form of a critique of the formulation and an attempt to re-introduce an issue (5), which I have already rejected. Other than for correcting a spelling mistake in [3(1)] I do not think that there is any merit in the critique and I am not persuaded that my formulation will benefit from any of the changes suggested by the Plaintiff. I would note that the Defendant is content with my formulation of the issues.

2.I will order:

(1) The parties do exchange expert reports on the corporate finance issues by 5pm on 30 September 2020.

(2) The parties’ respective experts do have a without prejudice meeting within seven days of exchange of reports for the purpose of preparing a joint statement indicating those parties of their evidence on which they are in agreement and those on which they are not.

(3) The parties to file the joint statement by 5pm on 14 October 2020.

(4) The costs of the case management conference on 2 July 2020 and the further submissions submitted by the parties leading to this decision be costs in the cause.

Mr Benjamin Yu, SC and Mr MC Law, instructed by Baker & Mckenzie, for the plaintiff

Mr Jat Sew-Tong, SC, Mr Laurence Li, SC and Mr Martin Ho, instructed by Ince & Co, for the 1^st to 3^rd defendants