LYDIA MOO YUN FUNG MEMORIAL FOUNDATION LTD v. THE SECRETARY FOR JUSTICE

LYDIA MOO YUN FUNG MEMORIAL FOUNDATION LTD v. THE SECRETARY FOR JUSTICE

The court granted joinder because Nice Beauty's ongoing claim to be the beneficial owner in separate High Court proceedings gives it a real interest in the Beddoe application (possible indemnification from the Property), and fairness requires that it be given an opportunity to make submissions on the Beddoe order; joinder did not cause unfairness to the Foundation and the substantive question of whether a Beddoe order should be made remains for the substantive hearing.

Citation
LYDIA MOO YUN FUNG MEMORIAL FOUNDATION LTD v. THE SECRETARY FOR JUSTICE
Parties
Applicant (seeking Joinder): Nice Beauty Limited; Beddoe Applicant / Trustee: Lydia Fung Memorial Foundation Limited; Defendant (secretary for Justice): The Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2014
Case Number
HCMP2187/2014
Procedural Posture
Beddoe Application With Interlocutory Joinder Summons / Decision on Summons for Joinder (interim Hearing)
Outcome
Summons by Nice Beauty Limited to be joined as defendant in the Beddoe application granted
Legal Topics
Beddoe Order, Joinder of Parties, Beneficial Ownership Dispute, Costs Indemnity
Source Language
EN
Trusts Civil Procedure Property Law Beddoe Order Joinder of Parties Beneficial Ownership Dispute Costs Indemnity

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Parties

Nice Beauty Limited

Applicant (seeking Joinder)

Lydia Fung Memorial Foundation Limited

Beddoe Applicant / Trustee

The Secretary for Justice

Defendant (secretary for Justice)

Procedural Posture

Beddoe Application With Interlocutory Joinder Summons / Decision on Summons for Joinder (interim Hearing)

Legal Issues

  1. 1 Whether Nice Beauty Limited should be joined as a defendant to the Beddoe application
  2. 2 Whether Nice Beauty has a sufficient interest in the property to require joinder given the pending proprietary dispute in separate High Court proceedings
  3. 3 Whether fairness or prejudice requires joinder at the interlocutory stage

Ratio Decidendi

The court granted joinder because Nice Beauty's ongoing claim to be the beneficial owner in separate High Court proceedings gives it a real interest in the Beddoe application (possible indemnification from the Property), and fairness requires that it be given an opportunity to make submissions on the Beddoe order; joinder did not cause unfairness to the Foundation and the substantive question of whether a Beddoe order should be made remains for the substantive hearing.

Court Disposition

Summons by Nice Beauty Limited to be joined as defendant in the Beddoe application granted

Orders

  • Allowed Nice Beauty Limited's summons dated 27 November 2014 to be joined as a defendant in the Beddoe application in terms of paragraphs 1 to 4 of that summons.
  • Parties to be heard on whether any further directions are required and on the question of costs.