閔凡路 AND OTHERS being members of THEMIS FUNDS ORGANIZATION OF CHINA v. CITY EXPRESS INVESTMENT LTD AND OTHERS

閔凡路 AND OTHERS being members of THEMIS FUNDS ORGANIZATION OF CHINA v. CITY EXPRESS INVESTMENT LTD AND OTHERS

The court refused consolidation, joinder and re‑amendment because allowing them would unfairly stall the first action ready for trial; Zhang lacks locus to pursue the asserted counterclaim because the LSA manifests a contrary intention to oust s.43(1) Cap.219 so the claim belongs to Themis/Themis Exco not Zhang; alternatively the claim is susceptible to being struck out as an abuse of process in light of parallel Beijing proceedings. The fifth summons (strike out) was adjourned pending information on the Beijing appeals and further affidavits.

Citation
閔凡路 AND OTHERS being members of THEMIS FUNDS ORGANIZATION OF CHINA v. CITY EXPRESS INVESTMENT LTD AND OTHERS
Parties
Plaintiff in Hca1673/2003; Defendant in Hca1023/2003: City; Plaintiff in Hca1673/2003; Defendant in Hca1023/2003: Filon; Plaintiff in Hca1673/2003; Defendant in Hca1023/2003: Chan; Defendant in Hca1673/2003; Plaintiff (member of Themis Exco) in Hca1023/2003: Zhang Da Wi; Plaintiff in Hca1023/2003 (claimant to Lawyers' Fees Under Lsa): Themis Exco (Executive Committee of Themis Funds Organization of China)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2007
Case Number
HCA1203/2007
Procedural Posture
Civil: Interlocutory Applications in Multi‑party Contract/agency Dispute / Pre‑trial Applications (consolidation, Joinder, Re‑amendment, Strike Out); First Action Ready for Trial
Outcome
Second, third and fourth summonses refused; first summons dismissed; fifth summons adjourned for argument and directed affidavits filed; costs allocated as ordered below.
Legal Topics
Consolidation, Joinder, Counterclaim, Locus Standi, Strike Out for Abuse of Process, Costs, Forum Non Conveniens, Res Judicata
Source Language
EN
Civil Procedure Contract Law Agency Conflict of Laws Abuse of Process Consolidation Joinder Counterclaim +5 more

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Parties

City

Plaintiff in Hca1673/2003; Defendant in Hca1023/2003

Filon

Plaintiff in Hca1673/2003; Defendant in Hca1023/2003

Chan

Plaintiff in Hca1673/2003; Defendant in Hca1023/2003

Zhang Da Wi

Defendant in Hca1673/2003; Plaintiff (member of Themis Exco) in Hca1023/2003

Themis Exco (Executive Committee of Themis Funds Organization of China)

Plaintiff in Hca1023/2003 (claimant to Lawyers' Fees Under Lsa)

Procedural Posture

Civil: Interlocutory Applications in Multi‑party Contract/agency Dispute / Pre‑trial Applications (consolidation, Joinder, Re‑amendment, Strike Out); First Action Ready for Trial

Legal Issues

  1. 1 Whether to consolidate HCA1673/2003 and HCA1023/2003
  2. 2 Whether to join six additional members of Themis Exco as defendants in HCA1673/2003
  3. 3 Whether to permit re‑amendment to add a counterclaim by Zhang/Themis Exco

Ratio Decidendi

The court refused consolidation, joinder and re‑amendment because allowing them would unfairly stall the first action ready for trial; Zhang lacks locus to pursue the asserted counterclaim because the LSA manifests a contrary intention to oust s.43(1) Cap.219 so the claim belongs to Themis/Themis Exco not Zhang; alternatively the claim is susceptible to being struck out as an abuse of process in light of parallel Beijing proceedings. The fifth summons (strike out) was adjourned pending information on the Beijing appeals and further affidavits.

Court Disposition

Second, third and fourth summonses refused; first summons dismissed; fifth summons adjourned for argument and directed affidavits filed; costs allocated as ordered below.

Orders

  • Second, third and fourth summonses dismissed/refused
  • First summons dismissed