MAN WHI CHUNG v. MAN PING NAM

MAN WHI CHUNG v. MAN PING NAM

The Applicant, as a member (or trustee nominee) of the Wui, has a direct equitable/beneficial interest in the disputed land (Sheung Tong) sufficient to satisfy either limb (i) or (ii) of O.15 r 6(2)(b); the court must allow joinder to protect that interest, to observe natural justice and to avoid multiplicity of...

Source-derived case information.

Citation
MAN WHI CHUNG v. MAN PING NAM
Parties
Defendant (registered Manager of the Wui): Mr Man Ping Nam; Applicant / Proposed 2nd Defendant: Mr Man Mei Kwai Jimmy
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 2002
Case Number
HCA1975/2002
Procedural Posture
Civil Application for Joinder Under Order 15 R 6 / Interlocutory Application to Join Additional Defendant (joinder)
Outcome
Application granted; Applicant added as 2nd Defendant; directions given for amendment of pleadings and timelines; costs ordered as costs in the cause (order nisi).
Legal Topics
Joinder of Parties, Beneficial Interest in Clan/tso/wui Land, Managers as Trustees, Order 15 R 6, Section 15 New Territories Ordinance
Source Language
en
Civil Procedure Property Law Trusts Customary Law Land Law New Territories Ordinance (cap.97) Joinder of Parties Beneficial Interest in Clan/tso/wui Land +3 more

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Parties

Mr Man Ping Nam

Defendant (registered Manager of the Wui)

Mr Man Mei Kwai Jimmy

Applicant / Proposed 2nd Defendant

Procedural Posture

Civil Application for Joinder Under Order 15 R 6 / Interlocutory Application to Join Additional Defendant (joinder)

Legal Issues

  1. 1 Whether the Applicant has sufficient interest to be joined under O.15 r 6(2)(b)(i) or (ii)
  2. 2 Nature and extent of members' beneficial/equitable interest in Wui land
  3. 3 Whether the registered manager is defending the action adequately such that joinder is necessary to protect members' interests

Ratio Decidendi

The Applicant, as a member (or trustee nominee) of the Wui, has a direct equitable/beneficial interest in the disputed land (Sheung Tong) sufficient to satisfy either limb (i) or (ii) of O.15 r 6(2)(b); the court must allow joinder to protect that interest, to observe natural justice and to avoid multiplicity of proceedings, and in the exercise of its discretion the Applicant is ordered added as 2nd Defendant with consequential directions to amend pleadings and timelines.

Court Disposition

Application granted; Applicant added as 2nd Defendant; directions given for amendment of pleadings and timelines; costs ordered as costs in the cause (order nisi).

Orders

  • Applicant be added as 2nd Defendant and title of action amended accordingly
  • Leave granted to Plaintiff to file and serve amended writ and amended statement of claim within 14 days from judgment