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HCSD 51/2023
[2024] HKCFI 2418
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
APPLICATION TO SET ASIDE A STATUTORY DEMAND
NO. 51 OF 2023
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BETWEEN
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CALLUM TREVOR LAM
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Applicant
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and
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PC ENTERPRISES (HK) LIMITED
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1
st
Respondent
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PC ENTERPRISES (NORTH POINT) LIMITED
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2
nd
Respondent
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PC TSEUNG KWAN O (HK) LIMITED
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3
rd
Respondent
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PETS CENTRAL SAI KUNG (HK) LIMITED
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4
th
Respondent
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____________
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Before:
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Madam Recorder Eva Sit SC in Court
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Date of Hearing:
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12 and 21 June 2024
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Date of Decision:
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19 September 2024
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__________________
DECISION
__________________
1.
This is an application by the Applicant to set aside a statutory demand dated 14 November 2023 (“
Statutory Demand
”).
2.
The Statutory Demand is based on a debt of HK$151,043.19 (“
Debt
”), comprising HK$130,000, being costs payable by (inter alios) the Applicant to the 1
st
to 4
th
Respondents under the Order of Mr Justice K Yeung on 26 November 2021 in High Court Action No. 1692 of 2019 (“
Yeung Order
” and “
HCA
” respectively), and interest at judgment rate accrued thereon.
3.
I am informed
[1]
that the HCA is a claim in defamation brought by the 1
st
to 4
th
Respondents, which appear to be a group of companies practicing veterinary medicine through clinics in Hong Kong, with respect to certain statements the Applicant and Laurence Rothwell (“
Rothwell
”) published on two private Faceook groups in relation to veterinary services provided to their pet. The Applicant and Rothwell are co-defendants in the HCA.
4.
I am also informed that after the HCA was commenced, the Applicant commenced proceedings against the 2
nd
Respondent in the District Court for medical negligence in respect of veterinary services provided to the Applicant’s pet.
5.
In around February or March 2021, in the HCA the Respondents applied for specific discovery against Rothwell with respect to certain private communiations between him and members of two Facebook groups. The application was dismissed by Master Queenie Lau on 17 May 2021, who ordered the Respondents to pay Rothwell’s costs, assessed at HK$82,750 (“
Lau Order
”).
6.
The Respondents appealed against the Lau Order and the appeal was heard by Mr Justice K Yeung on 28 October 2021. It appears that before the hearing, on 19 October 2021, the Respondents applied to amend their Statement of Claim in the HCA. At the hearing, Mr Justice K Yeung granted leave to amend, and also granted specific discovery against Rothwell limited to 2 specified paragraphs in the Amended Statement of Claim.
7.
Unlike the hearing before Master, at which only Rothwell appeared (by co
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