CHAN WAN KEUNG WILLIAM v. GROCERY HOLDINGS PTY. LTD.

CHAN WAN KEUNG WILLIAM v. GROCERY HOLDINGS PTY. LTD.

The consolidation applications were dismissed because they were made late, the proposed amendments supporting consolidation were not before the court or opposing counsel, there was no clear overlap on the face of the pleadings to justify consolidation, and consolidation would likely have prejudicial effects including delay; consequently the applications were dismissed with costs and the November trial dates were to stand.

Citation
CHAN WAN KEUNG WILLIAM v. GROCERY HOLDINGS PTY. LTD.
Parties
Plaintiff/respondent: WILLIAM CHAN WAN-KEUNG trading as WINLEY TRADING COMPANY; Defendant/applicant: GROCERY HOLDINGS PTY. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 1997
Case Number
HCCL169/1995
Procedural Posture
Commercial List (court of First Instance) / Interlocutory Application for Consolidation and Application for Certificate for Two Counsel
Outcome
Application for consolidation dismissed; application for certificate for two counsel refused; November 17-20, 1997 trial listing for CL-169/95 maintained unless otherwise ordered.
Legal Topics
Consolidation of Actions, Amendment of Pleadings, Costs, Granting of Certificate for Two Counsel
Source Language
EN
Civil Commercial Litigation Court Procedure Consolidation of Actions Amendment of Pleadings Costs Granting of Certificate for Two Counsel

Case Brief

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Parties

WILLIAM CHAN WAN-KEUNG trading as WINLEY TRADING COMPANY

Plaintiff/respondent

GROCERY HOLDINGS PTY. LTD.

Defendant/applicant

Procedural Posture

Commercial List (court of First Instance) / Interlocutory Application for Consolidation and Application for Certificate for Two Counsel

Legal Issues

  1. 1 Whether CL-169/95 should be consolidated with CL-161, CL-207 and CL-208
  2. 2 Whether the late date of the consolidation application justified refusal
  3. 3 Whether proposed but unseen amendments justified adjourning determination

Ratio Decidendi

The consolidation applications were dismissed because they were made late, the proposed amendments supporting consolidation were not before the court or opposing counsel, there was no clear overlap on the face of the pleadings to justify consolidation, and consolidation would likely have prejudicial effects including delay; consequently the applications were dismissed with costs and the November trial dates were to stand.

Court Disposition

Application for consolidation dismissed; application for certificate for two counsel refused; November 17-20, 1997 trial listing for CL-169/95 maintained unless otherwise ordered.

Orders

  • Dismissed the summonses dated 26 May 1997 (CL-169/95) and 28 May 1997 (CL-161, CL-207 and CL-208) seeking consolidation
  • Applicant to pay costs of the consolidation application