Court of First Instance ordered Defendants to provide further and better particulars depiste objection and awarded partial costs

Legend Bright Intn’l Ltd v Harry’s Kinderactive Co Ltd & Ie Chou Hon

6 June 2025

Court of First Instance ordered Defendants to provide further and better particulars despite objection and awarded partial costs.

In the underlying action, the Plaintiff claimed against the Defendants for damages of HK$17 million for breach of a subscription agreement and a shareholder agreement, in which the Plaintiff was the subscriber/shareholder, the 1st Defendant (“𝗗𝟭”) was the subject company, and the 2nd Defendant (“𝗗𝟮”) was the guarantor of performance of the 1st Defendant.

After receiving the pleadings, the Plaintiff made multiple requests for further and better particulars of the D1’s and D2’s defence, out of which 36 were still outstanding. After a contested substantive hearing before Master K W Wong fixed for 3 hours, the court ordered 26 (with modifications) out of the 36 outstanding requests on the grounds that they were necessary for the fair disposal of the action or to save costs. The Master also awarded 70% costs of the summons to the Plaintiff with certificate for Counsel.

Herman Ho appeared for the Plaintiff as sole advocate at the substantive hearing.