WU PUN YAN v. ZHENG ANDY YI SHENG

WU PUN YAN v. ZHENG ANDY YI SHENG

The Court allowed the applications to try the two actions before the same judge sequentially because there was sufficient and material overlap of transactions, issues and defences arising from the same joint investment to make it desirable to dispose of them together; the Court dismissed the application for leave to file the amended Rejoinder because most contested paragraphs did not meet the strict statutory test in O.18 r.8 for matters that must be specifically pleaded and instead contained repetitions, bare denials, legal submissions or attempts to rectify prior pleading errors; costs were awarded to the respondent for the Rejoinder summons pursuant to O.62 r.9A.

Citation
WU PUN YAN v. ZHENG ANDY YI SHENG
Parties
Plaintiff (hca 2394); Third Party (hca 2927): WU Pun Yan; Defendant (hca 2394); 2nd Defendant (hca 2927): ZHENG Andy Yi Sheng; 1st Defendant (hca 2927): A.F. (PNG) Resources Limited; Plaintiff (hca 2927): TO Yuk Fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2017
Case Number
HCA2394/2016
Procedural Posture
Civil High Court Actions (hca 2394/2016 & HCA 2927/2016) / Interlocutory/chambers Decision on Consolidation, Rejoinder and Case Management
Outcome
Application to try HCA 2394 and HCA 2927 before the same judge (one immediately after the other) allowed; application for leave to file amended Rejoinder dismissed; costs awarded to Wu.
Legal Topics
Consolidation of Actions, Joinder/third Party Proceedings, Rejoinder and Pleading Requirements, Amendment of Pleadings, Case Management Directions, Costs Assessment
Source Language
EN
Civil Procedure Contract Law Guarantee Law Misrepresentation Costs Consolidation of Actions Joinder/third Party Proceedings Rejoinder and Pleading Requirements +3 more

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Parties

WU Pun Yan

Plaintiff (hca 2394); Third Party (hca 2927)

ZHENG Andy Yi Sheng

Defendant (hca 2394); 2nd Defendant (hca 2927)

A.F. (PNG) Resources Limited

1st Defendant (hca 2927)

TO Yuk Fung

Plaintiff (hca 2927)

Procedural Posture

Civil High Court Actions (hca 2394/2016 & HCA 2927/2016) / Interlocutory/chambers Decision on Consolidation, Rejoinder and Case Management

Legal Issues

  1. 1 Whether the two related actions should be tried together or sequentially under RHC O.4 r.9
  2. 2 Whether leave should be granted to file an amended Rejoinder under RHC O.18 r.4 and O.18 r.8
  3. 3 Whether the proposed Rejoinder raises matters that must be specifically pleaded

Ratio Decidendi

The Court allowed the applications to try the two actions before the same judge sequentially because there was sufficient and material overlap of transactions, issues and defences arising from the same joint investment to make it desirable to dispose of them together; the Court dismissed the application for leave to file the amended Rejoinder because most contested paragraphs did not meet the strict statutory test in O.18 r.8 for matters that must be specifically pleaded and instead contained repetitions, bare denials, legal submissions or attempts to rectify prior pleading errors; costs were awarded to the respondent for the Rejoinder summons pursuant to O.62 r.9A.

Court Disposition

Application to try HCA 2394 and HCA 2927 before the same judge (one immediately after the other) allowed; application for leave to file amended Rejoinder dismissed; costs awarded to Wu.

Orders

  • HCA 2394/2016 and HCA 2927/2016 to be tried before the same judge one immediately after the other or as directed by the trial judge
  • By consent, evidence in the two actions shall be mutually admissible