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\'s order striking out the joinder of D2–D16 and the Government\'s counterclaim was rightly upheld: the court exercised its discretion under Order 15 r5(2) and concluded there was no procedural convenience in joining the additional defendants because the Government\'s case against them was contingent, unparticularised and premature, and joinder would unfairly prejudice and delay resolution of the plaintiff\'s ready claim over the Purple Area; the Government can pursue separate proceedings and protective writs; appeal dismissed.

Citation
KIUWIDE CO LTD v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): KIUWIDE COMPANY LIMITED; Defendant (original Action); Plaintiff (counterclaim): THE SECRETARY FOR JUSTICE (for and on behalf of the Director of Lands); 2nd Defendant (counterclaim): CHEUNG KWOK CHIU; 3rd Defendant (counterclaim): TANG CHONG YEE; Defendant (counterclaim): ATLES SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED; 4th Defendant (counterclaim): SURE SHEEN (HONG KONG) LIMITED; Defendant (counterclaim): SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED; Defendant (counterclaim): WIN FANCY INDUSTRIAL LIMITED; Defendant (counterclaim): YUEN KIN MAN; Defendant (counterclaim): KONG SAU YUK KAREN; 6th Defendant (counterclaim): SINO CONCORD DEVELOPMENT LIMITED; 7th Defendant (counterclaim): PANDEX LIMITED; 8th Defendant (counterclaim): COLOUR STAR LIMITED; 9th Defendant (counterclaim): WIN WIN LIMITED; 10th Defendant (counterclaim): KILEY INVESTMENT LIMITED; 11th Defendant (counterclaim): PESTON INVESTMENT LIMITED; 12th Defendant (counterclaim): JASON NEW RESOURCES HOLDINGS LIMITED; 13th Defendant (counterclaim): CHIANG KA MING; 14th Defendant (counterclaim): HOST LEADER ENTERPRISES LIMITED; 15th Defendant (counterclaim): KING ACCESS LIMITED; 16th Defendant (counterclaim): LO KIT LING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2017
Case Number
HCMP253/2015
Procedural Posture
Land Dispute Arising From Originating Summons and Counterclaim Concerning Government Lease Boundaries and Adverse Possession / Appeal From Master\'s Decision Striking Out Joinder and Counterclaim (hcmp 253/2015)
Outcome
Government\'s appeal dismissed; Master Wong\'s order striking out joinder of D2–D16 and the counterclaim affirmed
Legal Topics
Adverse Possession, Joinder of Parties, Counterclaim, Strike Out of Pleadings, Procedural Convenience, Government Leases, Boundary Dispute, Estoppel
Source Language
EN
Property Civil Procedure Administrative Law Adverse Possession Joinder of Parties Counterclaim Strike Out of Pleadings Procedural Convenience +3 more

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Parties

KIUWIDE COMPANY LIMITED

Plaintiff (original Action); 1st Defendant (counterclaim)

THE SECRETARY FOR JUSTICE (for and on behalf of the Director of Lands)

Defendant (original Action); Plaintiff (counterclaim)

CHEUNG KWOK CHIU

2nd Defendant (counterclaim)

TANG CHONG YEE

3rd Defendant (counterclaim)

ATLES SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED

Defendant (counterclaim)

SURE SHEEN (HONG KONG) LIMITED

4th Defendant (counterclaim)

SKY LUCKY INTERNATIONAL DEVELOPMENT LIMITED

Defendant (counterclaim)

WIN FANCY INDUSTRIAL LIMITED

Defendant (counterclaim)

YUEN KIN MAN

Defendant (counterclaim)

KONG SAU YUK KAREN

Defendant (counterclaim)

SINO CONCORD DEVELOPMENT LIMITED

6th Defendant (counterclaim)

PANDEX LIMITED

7th Defendant (counterclaim)

COLOUR STAR LIMITED

8th Defendant (counterclaim)

WIN WIN LIMITED

9th Defendant (counterclaim)

KILEY INVESTMENT LIMITED

10th Defendant (counterclaim)

PESTON INVESTMENT LIMITED

11th Defendant (counterclaim)

JASON NEW RESOURCES HOLDINGS LIMITED

12th Defendant (counterclaim)

CHIANG KA MING

13th Defendant (counterclaim)

HOST LEADER ENTERPRISES LIMITED

14th Defendant (counterclaim)

KING ACCESS LIMITED

15th Defendant (counterclaim)

LO KIT LING

16th Defendant (counterclaim)

Procedural Posture

Land Dispute Arising From Originating Summons and Counterclaim Concerning Government Lease Boundaries and Adverse Possession / Appeal From Master\'s Decision Striking Out Joinder and Counterclaim (hcmp 253/2015)

Legal Issues

  1. 1 Construction and interaction of Order 15 rules 3(1), 5(1) and 5(2) of the Rules of the High Court
  2. 2 Whether the Court should exercise its discretion to strike out joinder of D2–D16 and the Government\'s counterclaim
  3. 3 Whether procedural convenience favours consolidation or separate actions

Ratio Decidendi

The Master\'s order striking out the joinder of D2–D16 and the Government\'s counterclaim was rightly upheld: the court exercised its discretion under Order 15 r5(2) and concluded there was no procedural convenience in joining the additional defendants because the Government\'s case against them was contingent, unparticularised and premature, and joinder would unfairly prejudice and delay resolution of the plaintiff\'s ready claim over the Purple Area; the Government can pursue separate proceedings and protective writs; appeal dismissed.

Court Disposition

Government\'s appeal dismissed; Master Wong\'s order striking out joinder of D2–D16 and the counterclaim affirmed

Orders

  • Appeal dismissed with costs to the plaintiff; certificate for two counsel
  • No order on Government\'s summons dated 21 February 2017 seeking amendment of the Counterclaim