WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD

It was not plain and obvious that the joinder applications were an abuse of process; therefore Mr Lee is to be joined at the first stage as a party to the three High Court actions for the purpose of costs so he may be heard on the substantive non-party costs applications, but the CFI lacks jurisdiction to make...

Source-derived case information.

Citation
WU YI DEVELOPMENT CO LTD v. BIG ISLAND CONSTRUCTION (HK) LTD
Parties
Plaintiff in HCA 1957/2005 and HCA 886/2007; Defendant in HCA 714/2007: Big Island Construction (HK) Limited; 1st Defendant in HCA 1957/2005; Plaintiff in HCA 714/2007: Wu Yi Development Company Limited; 2nd Defendant in HCA 1957/2005: Wu Yi Construction Company Limited; Defendant in HCA 886/2007: Wu Yi Enterprise Company Limited; Non Party (director and Alleged Funder/controller of Big Island): Mr Ben P Lee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 July 2016
Case Number
HCA714/2007
Procedural Posture
Non Party Costs Joinder Applications Under S.52 a High Court Ordinance and Order 62 R6 a in Consolidated Civil Actions / First Stage Joinder Hearing (preliminary Determination Under Order 62 R6 A)
Outcome
Joinder granted for purposes of costs in HCA 1957/2005, HCA 714/2007 and HCA 886/2007; applications in respect of costs of the Court of Appeal proceedings dismissed for lack of CFI jurisdiction; procedural directions given.
Legal Topics
Non Party Costs Orders, Joinder of Non Parties, Section 52 a High Court Ordinance, Security for Costs, Abuse of Process, Delay and Prejudice
Source Language
en
Civil Procedure Costs Company/directors Liability Appeals Jurisdiction Non Party Costs Orders Joinder of Non Parties Section 52 a High Court Ordinance Security for Costs +2 more

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Parties

Big Island Construction (HK) Limited

Plaintiff in HCA 1957/2005 and HCA 886/2007; Defendant in HCA 714/2007

Wu Yi Development Company Limited

1st Defendant in HCA 1957/2005; Plaintiff in HCA 714/2007

Wu Yi Construction Company Limited

2nd Defendant in HCA 1957/2005

Wu Yi Enterprise Company Limited

Defendant in HCA 886/2007

Mr Ben P Lee

Non Party (director and Alleged Funder/controller of Big Island)

Procedural Posture

Non Party Costs Joinder Applications Under S.52 a High Court Ordinance and Order 62 R6 a in Consolidated Civil Actions / First Stage Joinder Hearing (preliminary Determination Under Order 62 R6 A)

Legal Issues

  1. 1 Whether Mr Lee should be joined as a party for the purpose of a costs order under s.52A HCO and Order 62 r6A
  2. 2 Whether the delay in bringing the joinder applications amounted to an abuse of process
  3. 3 Whether previous failed applications bar the present joinder application

Ratio Decidendi

It was not plain and obvious that the joinder applications were an abuse of process; therefore Mr Lee is to be joined at the first stage as a party to the three High Court actions for the purpose of costs so he may be heard on the substantive non-party costs applications, but the CFI lacks jurisdiction to make non-party costs orders in respect of proceedings before the Court of Appeal and those applications are dismissed.

Court Disposition

Joinder granted for purposes of costs in HCA 1957/2005, HCA 714/2007 and HCA 886/2007; applications in respect of costs of the Court of Appeal proceedings dismissed for lack of CFI jurisdiction; procedural directions given.

Orders

  • Mr Lee be joined as a party to HCA 1957/2005, HCA 714/2007 and HCA 886/2007 for the purpose of making costs orders against him
  • The application for joinder in respect of costs of the Appeals be dismissed on the ground of lack of jurisdiction of the Court of First Instance to make a non-party costs order in respect of proceedings before the Court of Appeal