TANG MAN KIT v. THE SECRETARY FOR JUSTICE

TANG MAN KIT v. THE SECRETARY FOR JUSTICE

The court dismissed Hip Hing's application for joinder and endorsed the Consent (Tomlin) Summons because Government and the managers had settled the dispute between them, there was no longer a live issue between those parties to justify joining Hip Hing, the Tomlin Order does not adjudicate the merits or preclude Hip Hing from pursuing its rights in separate proceedings, and allegations of perjury did not warrant refusal to endorse the consensual settlement.

Citation
TANG MAN KIT v. THE SECRETARY FOR JUSTICE
Parties
Plaintiff (manager of Wah Yan Mo Fan Heung): Tang Man Kit; Plaintiff (manager of Wah Yan Mo Fan Heung): Foo Tak Ching; Defendant (for and on Behalf of Director of Home Affairs and Director of Lands): The Secretary for Justice; Applicant (seeking Joinder): Hip Hing Timber Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2000
Case Number
HCMP2082/2000
Procedural Posture
Miscellaneous Proceedings (hcmp 2082/2000) Originating Summons/consent (tomlin) Order / Decision on Joinder Application and Endorsement of Consent (tomlin) Order
Outcome
Applicant's summons for joinder dismissed; Consent (Tomlin) Summons endorsed and Tomlin Order made in terms of the Schedule.
Legal Topics
Tomlin Order, Joinder, Statutory Registration Under New Territories Ordinance S.15, Compensation for Resumed Land, Declaratory Relief by Consent, Res Judicata/issue Estoppel
Source Language
EN
Administrative Law Civil Procedure Land Law New Territories Law Tomlin Order Joinder Statutory Registration Under New Territories Ordinance S.15 Compensation for Resumed Land +2 more

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Parties

Tang Man Kit

Plaintiff (manager of Wah Yan Mo Fan Heung)

Foo Tak Ching

Plaintiff (manager of Wah Yan Mo Fan Heung)

The Secretary for Justice

Defendant (for and on Behalf of Director of Home Affairs and Director of Lands)

Hip Hing Timber Company Limited

Applicant (seeking Joinder)

Procedural Posture

Miscellaneous Proceedings (hcmp 2082/2000) Originating Summons/consent (tomlin) Order / Decision on Joinder Application and Endorsement of Consent (tomlin) Order

Legal Issues

  1. 1 Whether Hip Hing Timber Company Ltd should be joined to HCMP 2082/2000
  2. 2 Whether the Court should refuse to endorse a Tomlin Order because of alleged perjury or non‑disclosure
  3. 3 Effect of a Tomlin Order on declaratory relief, res judicata and future proceedings by third parties

Ratio Decidendi

The court dismissed Hip Hing's application for joinder and endorsed the Consent (Tomlin) Summons because Government and the managers had settled the dispute between them, there was no longer a live issue between those parties to justify joining Hip Hing, the Tomlin Order does not adjudicate the merits or preclude Hip Hing from pursuing its rights in separate proceedings, and allegations of perjury did not warrant refusal to endorse the consensual settlement.

Court Disposition

Applicant's summons for joinder dismissed; Consent (Tomlin) Summons endorsed and Tomlin Order made in terms of the Schedule.

Orders

  • Dismiss Hip Hing Timber Company Limited's summons for joinder in HCMP 2082/2000.
  • Endorse the Consent Summons and make a Tomlin Order in terms of the Schedule annexed to the Consent Summons; stay proceedings accordingly with liberty to apply to carry the Schedule into effect.