KIUWIDE CO LTD v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS

KIUWIDE CO LTD v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS

The Master exercised the discretionary power under Order 15, rule 5 and Order 28 rule 7(3) to strike out the joinder of the 2nd to 16th defendants because the counterclaim as pleaded contained no sufficient particulars against those additional parties, there was no clear real or genuine dispute pleaded between the defendant and those parties, and joinder would unfairly prejudice and delay the plaintiff; accordingly the counterclaim is confined to the defendant v plaintiff issue concerning Section J and the pleaded references to "divers other parties" and other sections are struck out and the counterclaim to be amended.

Citation
KIUWIDE CO LTD v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS
Parties
Plaintiff (by Original Action); 1st Defendant (by Counterclaim): KIUWIDE COMPANY LIMITED; Defendant (by Original Action); Plaintiff (by Counterclaim): THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS; 2nd Defendant (by Counterclaim): CHEUNG KWOK CHIU & TANG CHONG YEE ATLES; 3rd Defendant (by Counterclaim): SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED; 4th Defendant (by Counterclaim): SURE SHEEN (HONG KONG) LIMITED, SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED & WIN FANCY INDUSTRIAL LIMITED; 5th Defendant (by Counterclaim): YUEN KIN MAN & KONG SAU YUK KAREN; 6th Defendant (by Counterclaim): SINO CONCORD DEVELOPMENT LIMITED; 7th Defendant (by Counterclaim): PANDEX LIMITED; 8th Defendant (by Counterclaim): COLOUR STAR LIMITED; 9th Defendant (by Counterclaim): WIN WIN LIMITED; 10th Defendant (by Counterclaim): KILEY INVESTMENT LIMITED; 11th Defendant (by Counterclaim): PESTON INVESTMENT LIMITED; 12th Defendant (by Counterclaim): JASON NEW SOURCES HOLDINGS LIMITED; 13th Defendant (by Counterclaim): CHIANG KA MING; 14th Defendant (by Counterclaim): HOST LEADER ENTERPRISES LIMITED; 15th Defendant (by Counterclaim): KING ACCESS LIMITED; 16th Defendant (by Counterclaim): LO KIT LING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2016
Case Number
HCMP253/2015
Procedural Posture
Originating Summons Concerning Land Title With Counterclaim / Inter Partes Summons for Striking Out (interlocutory Application/hearing)
Outcome
Inter partes summons granted in part: joinder of 2nd to 16th defendants struck out and specified amendments to counterclaim ordered; counterclaim against plaintiff preserved.
Legal Topics
Adverse Possession, Joinder of Parties to Counterclaim, Striking Out Under Procedural Rules, Declaratory Relief, Boundary Dispute, Counterclaim Procedure (originating Summons)
Source Language
EN
Property Law Land Law Civil Procedure Administrative Law Adverse Possession Joinder of Parties to Counterclaim Striking Out Under Procedural Rules Declaratory Relief +2 more

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Parties

KIUWIDE COMPANY LIMITED

Plaintiff (by Original Action); 1st Defendant (by Counterclaim)

THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS

Defendant (by Original Action); Plaintiff (by Counterclaim)

CHEUNG KWOK CHIU & TANG CHONG YEE ATLES

2nd Defendant (by Counterclaim)

SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED

3rd Defendant (by Counterclaim)

SURE SHEEN (HONG KONG) LIMITED, SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED & WIN FANCY INDUSTRIAL LIMITED

4th Defendant (by Counterclaim)

YUEN KIN MAN & KONG SAU YUK KAREN

5th Defendant (by Counterclaim)

SINO CONCORD DEVELOPMENT LIMITED

6th Defendant (by Counterclaim)

PANDEX LIMITED

7th Defendant (by Counterclaim)

COLOUR STAR LIMITED

8th Defendant (by Counterclaim)

WIN WIN LIMITED

9th Defendant (by Counterclaim)

KILEY INVESTMENT LIMITED

10th Defendant (by Counterclaim)

PESTON INVESTMENT LIMITED

11th Defendant (by Counterclaim)

JASON NEW SOURCES HOLDINGS LIMITED

12th Defendant (by Counterclaim)

CHIANG KA MING

13th Defendant (by Counterclaim)

HOST LEADER ENTERPRISES LIMITED

14th Defendant (by Counterclaim)

KING ACCESS LIMITED

15th Defendant (by Counterclaim)

LO KIT LING

16th Defendant (by Counterclaim)

Procedural Posture

Originating Summons Concerning Land Title With Counterclaim / Inter Partes Summons for Striking Out (interlocutory Application/hearing)

Legal Issues

  1. 1 Whether joinder of 2nd to 16th defendants to the counterclaim was permissible under Order 15, rule 3
  2. 2 Whether the Court should exercise its discretion under Order 15, rule 5 to strike out or order separate trials of the joinder
  3. 3 Whether paragraph 12 and paragraph 1 of the Prayer of Relief (and related references to "divers other parties") disclose a reasonable cause of action or should be struck out under Order 28 r 7(3) or Order 18 r 19

Ratio Decidendi

The Master exercised the discretionary power under Order 15, rule 5 and Order 28 rule 7(3) to strike out the joinder of the 2nd to 16th defendants because the counterclaim as pleaded contained no sufficient particulars against those additional parties, there was no clear real or genuine dispute pleaded between the defendant and those parties, and joinder would unfairly prejudice and delay the plaintiff; accordingly the counterclaim is confined to the defendant v plaintiff issue concerning Section J and the pleaded references to "divers other parties" and other sections are struck out and the counterclaim to be amended.

Court Disposition

Inter partes summons granted in part: joinder of 2nd to 16th defendants struck out and specified amendments to counterclaim ordered; counterclaim against plaintiff preserved.

Orders

  • Joinder of the 2nd to 16th defendants (by counterclaim) struck out
  • Words "and divers other parties" in paragraph 12 of the Points of Counterclaim struck out