朱鳳娟 對 朱有榮及另五人

朱鳳娟 對 朱有榮及另五人

The court exercised its case management powers to allow limited extensions for unrepresented respondents, to coordinate HCMP and related HCA proceedings for efficiency, to mandate mediation with specified disclosure and deadlines, and to allocate preparatory costs to the HCMP file because the matters are interrelated and require coordinated management.

Citation
[2019] HKCFI 2904
Parties
Petitioner: GEE FUNG KUEN (朱鳳娟); 1st Respondent: GEE YAU WING TERRY (朱有榮); 2nd Respondent: GEE PAK CHEONG (朱柏昌); 3rd Respondent: GEE FUNG YIN (朱鳳妍); 4th Respondent: GEE SHING KAI (朱盛佳); 5th Respondent: METROPOLIS ENTERPRISES LIMITED (英都貿易有限公司); 6th Respondent: TRUE TREASURE INVESTMENT LIMITED (緯衡投資有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2019
Case Number
HCMP797/2017
Procedural Posture
Company Petitions Under Companies Ordinance (sections 723 726) / Case Management / Directions Hearing (hcmp Case Management Conference)
Outcome
Court granted case management directions: extensions to file defences, consolidated case management listing with HCA matters, mandatory mediation with document exchange, further case management dates and allocation of preparatory costs to HCMP.
Legal Topics
Oppression/relief Under Companies Ordinance, Case Management and Consolidation, Service of Process, Mediation and Timetable, Costs Allocation
Source Language
CH
Company Law Civil Procedure Alternative Dispute Resolution Oppression/relief Under Companies Ordinance Case Management and Consolidation Service of Process Mediation and Timetable Costs Allocation

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Parties

GEE FUNG KUEN (朱鳳娟)

Petitioner

GEE YAU WING TERRY (朱有榮)

1st Respondent

GEE PAK CHEONG (朱柏昌)

2nd Respondent

GEE FUNG YIN (朱鳳妍)

3rd Respondent

GEE SHING KAI (朱盛佳)

4th Respondent

METROPOLIS ENTERPRISES LIMITED (英都貿易有限公司)

5th Respondent

TRUE TREASURE INVESTMENT LIMITED (緯衡投資有限公司)

6th Respondent

Procedural Posture

Company Petitions Under Companies Ordinance (sections 723 726) / Case Management / Directions Hearing (hcmp Case Management Conference)

Legal Issues

  1. 1 Whether related HCMP and HCA proceedings should be case-managed together and consolidated for directions and trial on liability
  2. 2 Service and participation of absent parties and proper notification to Metropolis
  3. 3 Appropriate timetable for filing defences, exchange of witness statements, mediation and further case management

Ratio Decidendi

The court exercised its case management powers to allow limited extensions for unrepresented respondents, to coordinate HCMP and related HCA proceedings for efficiency, to mandate mediation with specified disclosure and deadlines, and to allocate preparatory costs to the HCMP file because the matters are interrelated and require coordinated management.

Court Disposition

Court granted case management directions: extensions to file defences, consolidated case management listing with HCA matters, mandatory mediation with document exchange, further case management dates and allocation of preparatory costs to HCMP.

Orders

  • Second and third respondents granted two months to file and serve defences, deadline 21 January 2020
  • Case management conference listed for 9 March 2020 at 10:00 for two hours; HCA 2950/2015 and HCA 2287/2018 to be heard together that day