MASS OCEAN INTERNATIONAL LTD v. 東源大地有限公司 AND OTHERS

MASS OCEAN INTERNATIONAL LTD v. 東源大地有限公司 AND OTHERS

Consolidation of all five actions was refused. The court held the tenancy/third party actions (HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015) should be heard together as the TA Actions with HCA 1295 as the leading TA Action; the adverse possession components of HCA 691/2015 and HCA 694/2015 are severable and will form the AP Actions with HCA 691 as the leading AP Action; the tenancy-related parts of HCA 691 and HCA 694 are stayed without prejudice to claims in the TA Actions; existing pleadings not expunged; third party defendants (former solicitors) may participate in the TA Actions on liability; detailed amendment, timetabling and case management directions and specific costs...

Citation
[2019] HKCFI 2323
Parties
Plaintiff in HCA 691/2015 and HCA 694/2015; 1st Defendant in HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015: Mass Ocean International Limited; 1st Defendant in HCA 691/2015: Trinity Holdings (Hong Kong) Limited (順利達控股有限公司); 2nd Defendant in HCA 691/2015; 3rd Defendant in HCA 694/2015; Plaintiff in HCA 1295/2015 and HCA 1850/2015: Master Universe Development Limited (宏灝發展有限公司); 3rd Defendant in HCA 691/2015: All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99; 1st Defendant in HCA 694/2015: 東源大地有限公司; 2nd Defendant in HCA 694/2015: 東成貨運有限公司; 4th Defendant in HCA 694/2015: Li Mei Sing (李美成); 5th Defendant in HCA 694/2015: All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99 (HCA 694/2015); 2nd Defendant in HCA 1295/2015; 2nd Defendant in HCA 1849/2015 and HCA 1850/2015: Grand Fusion Limited (宏昌順有限公司); 3rd Defendant in HCA 1295/2015: Crown Spread Limited (振冠有限公司); 4th Defendant in HCA 1295/2015: Benefit Huge Limited (利宏有限公司); 1st Third Party in HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015: Siu Choi Fat; 2nd Third Party in HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015: Chui and Lau (a firm); Plaintiff in HCA 1849/2015; Nominee Company Associated With MUL Camp: Fortune Gain International Investment Limited (福達國際投資有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2019
Case Number
HCA694/2015
Procedural Posture
Application for Consolidation and Severance (consent Summons) / Interlocutory Judgment on Consent Summons (chambers Decision)
Outcome
Consent summons for consolidation refused; order for severance and stays made with detailed case management directions
Legal Topics
Consolidation, Severance, Adverse Possession, Tenancy Agreements, Third Party Proceedings, Case Management
Source Language
EN
Property Law Civil Procedure Land Law Costs Consolidation Severance Adverse Possession Tenancy Agreements +2 more

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Parties

Mass Ocean International Limited

Plaintiff in HCA 691/2015 and HCA 694/2015; 1st Defendant in HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015

Trinity Holdings (Hong Kong) Limited (順利達控股有限公司)

1st Defendant in HCA 691/2015

Master Universe Development Limited (宏灝發展有限公司)

2nd Defendant in HCA 691/2015; 3rd Defendant in HCA 694/2015; Plaintiff in HCA 1295/2015 and HCA 1850/2015

All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99

3rd Defendant in HCA 691/2015

東源大地有限公司

1st Defendant in HCA 694/2015

東成貨運有限公司

2nd Defendant in HCA 694/2015

Li Mei Sing (李美成)

4th Defendant in HCA 694/2015

All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99 (HCA 694/2015)

5th Defendant in HCA 694/2015

Grand Fusion Limited (宏昌順有限公司)

2nd Defendant in HCA 1295/2015; 2nd Defendant in HCA 1849/2015 and HCA 1850/2015

Crown Spread Limited (振冠有限公司)

3rd Defendant in HCA 1295/2015

Benefit Huge Limited (利宏有限公司)

4th Defendant in HCA 1295/2015

Siu Choi Fat

1st Third Party in HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015

Chui and Lau (a firm)

2nd Third Party in HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015

Fortune Gain International Investment Limited (福達國際投資有限公司)

Plaintiff in HCA 1849/2015; Nominee Company Associated With MUL Camp

Procedural Posture

Application for Consolidation and Severance (consent Summons) / Interlocutory Judgment on Consent Summons (chambers Decision)

Legal Issues

  1. 1 Whether the TA Actions should be consolidated with filing of consolidated pleadings
  2. 2 Whether the adverse possession (AP) issues in HCA 691 and HCA 694 should be severed from the tenancy/third party (TA) issues
  3. 3 Whether existing pleadings should be expunged

Ratio Decidendi

Consolidation of all five actions was refused. The court held the tenancy/third party actions (HCA 1295/2015, HCA 1849/2015 and HCA 1850/2015) should be heard together as the TA Actions with HCA 1295 as the leading TA Action; the adverse possession components of HCA 691/2015 and HCA 694/2015 are severable and will form the AP Actions with HCA 691 as the leading AP Action; the tenancy-related parts of HCA 691 and HCA 694 are stayed without prejudice to claims in the TA Actions; existing pleadings not expunged; third party defendants (former solicitors) may participate in the TA Actions on liability; detailed amendment, timetabling and case management directions and specific costs...

Court Disposition

Consent summons for consolidation refused; order for severance and stays made with detailed case management directions

Orders

  • Severed: Mass Ocean’s claim against Trinity Holdings and other occupiers and Trinity Holdings’ counterclaim relating to the Eastern Portion of the 691 Land to form part of the AP Actions
  • HCA 691/2015 designated as the leading AP Action; parties bound by findings in the AP Actions