Qinhe Energy Holdings Ltd v. Peng Fei Investment International Ltd

HCA 1579/2021

[2026] HKCFI 5802

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1579 OF 2021

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BETWEEN

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D E C I S I O N

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1.I refer to the Defendant’s time summons dated 12 October 2026, which evidently contains a mistaken reference to paragraph 7 of my order dated 3 August 2026 when it should have been paragraph 8. I do not think parties would have objection for me to decide on the basis that time extension is sought re paragraph 8.

2.I have read the 4^th Affirmation of Lam Chun Ip and the parties’ respective letters to the court both dated 13 October 2026.

3.It is evident that the parties should not be distracted by yet another hearing on 20 October 2026 arguing this summons. Paper disposal is more than sensible and right. I do not propose to be detail in this Decision.

4.There is some validity to the Plaintiff’s point that it might suffer prejudice in the form of its time to prepare for the substantive hearing with the Defendant’s reply evidence would be unfairly compressed. I think it also right that the time extension should be given by way of an unless order so as to give the matter a finality.

5.I note that an unless order may carry draconian consequence to the Defendant, therefore, I am minded to give to the Defendant the time it asks, namely, up to 4:00pm on 22 October 2026.

6.To alleviate the potential prejudice to the Plaintiff, I would direct that there be leave for the Plaintiff to file another round of supplemental written submissions for the hearing on 4 November 2026 on or before 4:00pm on 2 November 2026, if so advised, addressing solely matters arising from the Defendant’s such late reply evidence. As the Defendant was late and seeks the court’s indulgence, the Defendant would have to make do with receiving the Plaintiff’s submissions on its reply evidence relatively close to the hearing.

7.I hereby order:

(1)  Unless the Defendant file and serve its reply affirmation(s) pursuant to paragraph 8 of my order dated 8 August 2026 on or before 4:00pm on 22 October 2026, it be debarred from doing so;

(2)  There be leave for the Plaintiff to file another round of supplemental written submissions for the hearing on 4 November 2026 on or before 4:00pm on 2 November 2026 addressing solely matter arising from the Defendant’s such late reply evidence;

(3)  Costs of the Defendant’s said summons in the agreed sum of HK$1,200 be paid by the Defendant to the Plaintiff; and

(4)  The hearing of the Defendant’s time summons on 20 October 2026 be vacated.

Solicitor of Reed Smith Richards Butler LLP, for the Plaintiff

Solicitor of Sit, Fung, Kwong & Shum, for the Defendant