MASTER UNIVERSE DEVELOPMENT LTD v. MASS OCEAN INTERNATIONAL LTD AND OTHERS

MASTER UNIVERSE DEVELOPMENT LTD v. MASS OCEAN INTERNATIONAL LTD AND OTHERS

The court refused the proposed full consolidation and expungement. It held that the tenancy/third-party actions (HCA1295/2015, HCA1849/2015 and HCA1850/2015) form a distinct group (TA Actions) to be heard together with HCA1295 as leading TA Action; adverse possession issues in HCA691 and HCA694 are severable and to...

Source-derived case information.

Citation
[2019] HKCFI 2323
Parties
Plaintiff Hca691/2015 & Hca694/2015; 1st/2nd Defendant in Other Actions as Pleaded: Mass Ocean International Limited; 1st Defendant Hca691/2015: Trinity Holdings (Hong Kong) Limited (formerly Treasure Day Inc Limited); 2nd Defendant Hca691/2015; Plaintiff Hca1295/2015, Hca1849/2015 & Hca1850/2015: Master Universe Development Limited (宏灝發展有限公司); 3rd Defendant Hca691/2015: All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99 (HCA691/2015); 1st Defendant Hca694/2015: 東源大地有限公司; 2nd Defendant Hca694/2015: 東成貨運有限公司; 4th Defendant Hca694/2015: Li Mei Sing (李美成); 5th Defendant Hca694/2015: All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99 (HCA694/2015); Defendant in Hca1295/2015, Hca1849/2015 & Hca1850/2015: Grand Fusion Limited (宏昌順有限公司); 3rd Defendant Hca1295/2015: Crown Spread Limited (振冠有限公司); 4th Defendant Hca1295/2015: Benefit Huge Limited (利宏有限公司); 1st Third Party in Hca1295/2015, Hca1849/2015 & Hca1850/2015: Siu Choi Fat; 2nd Third Party in Hca1295/2015, Hca1849/2015 & Hca1850/2015: Chui And Lau (a firm); Plaintiff Hca1849/2015; Connected Nominee of MUL: Fortune Gain International Investment Limited (福達國際投資有限公司); Named Party in Pleadings (referenced): Eastern Worldwide; Named Party in Pleadings (referenced): Tung Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 September 2019
Case Number
HCA1295/2015
Procedural Posture
Interlocutory Application for Consolidation/severance and Case Management in Linked Land Disputes / Chambers Hearing and Decision on Consent Summons (case Management Directions)
Outcome
Consent summons for full consolidation declined in material part; court ordered severance of adverse possession issues, stay of overlapping tenancy matters, designation of leading actions and specific case management directions; no expungement; costs allocated as directed.
Legal Topics
Consolidation of Actions, Severance of Causes of Action, Adverse Possession, Tenancy Agreements and Registration, Third Party Proceedings, Costs Allocation
Source Language
en
Property Law Civil Procedure Landlord and Tenant Professional Negligence / Solicitor Liability Consolidation of Actions Severance of Causes of Action Adverse Possession Tenancy Agreements and Registration +2 more

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Parties

Mass Ocean International Limited

Plaintiff Hca691/2015 & Hca694/2015; 1st/2nd Defendant in Other Actions as Pleaded

Trinity Holdings (Hong Kong) Limited (formerly Treasure Day Inc Limited)

1st Defendant Hca691/2015

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

2nd Defendant Hca691/2015; Plaintiff Hca1295/2015, Hca1849/2015 & Hca1850/2015

All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99 (HCA691/2015)

3rd Defendant Hca691/2015

東源大地有限公司

1st Defendant Hca694/2015

東成貨運有限公司

2nd Defendant Hca694/2015

Li Mei Sing (李美成)

4th Defendant Hca694/2015

All other occupier(s) of the remaining portion of Section D of Lot No. 372 in D.D.99 (HCA694/2015)

5th Defendant Hca694/2015

Grand Fusion Limited (宏昌順有限公司)

Defendant in Hca1295/2015, Hca1849/2015 & Hca1850/2015

Crown Spread Limited (振冠有限公司)

3rd Defendant Hca1295/2015

Benefit Huge Limited (利宏有限公司)

4th Defendant Hca1295/2015

Siu Choi Fat

1st Third Party in Hca1295/2015, Hca1849/2015 & Hca1850/2015

Chui And Lau (a firm)

2nd Third Party in Hca1295/2015, Hca1849/2015 & Hca1850/2015

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

Plaintiff Hca1849/2015; Connected Nominee of MUL

Eastern Worldwide

Named Party in Pleadings (referenced)

Tung Shing

Named Party in Pleadings (referenced)

Procedural Posture

Interlocutory Application for Consolidation/severance and Case Management in Linked Land Disputes / Chambers Hearing and Decision on Consent Summons (case Management Directions)

Legal Issues

  1. 1 Whether the TA Actions (1295/1849/1850) should be consolidated into one action with consolidated pleadings
  2. 2 Whether the adverse possession issues in HCA691 and HCA694 should be severed from the tenancy/third party issues
  3. 3 Whether existing pleadings should be expunged

Ratio Decidendi

The court refused the proposed full consolidation and expungement. It held that the tenancy/third-party actions (HCA1295/2015, HCA1849/2015 and HCA1850/2015) form a distinct group (TA Actions) to be heard together with HCA1295 as leading TA Action; adverse possession issues in HCA691 and HCA694 are severable and to form AP Actions with HCA691 as leading AP Action; tenancy issues in HCA691 and HCA694 are to be stayed without prejudice to claims in the TA Actions; pleadings shall not be expunged; third party solicitors may participate in the TA Actions on liability; and detailed case management directions and timelines were imposed.

Court Disposition

Consent summons for full consolidation declined in material part; court ordered severance of adverse possession issues, stay of overlapping tenancy matters, designation of leading actions and specific case management directions; no expungement; costs allocated as directed.

Orders

  • No order for consolidation to be made (full consolidation declined)
  • Severance: Mass Ocean’s claims against Trinity Holdings and related counterclaims concerning Eastern Portion of HCA691/2015 severed to form AP Actions; HCA691/2015 designated leading AP Action