W. M. CONTRACTOR LTD formerly known as W.M. FOUNDATION CO LTD v. MING LEE FOUNDATION CO LTD

W. M. CONTRACTOR LTD formerly known as W.M. FOUNDATION CO LTD v. MING LEE FOUNDATION CO LTD

The application for transfer is granted because the issues raised fall within the specialised cases described in paragraph 3 of PD 6.1 and require the case management and judicial expertise of the Construction and Arbitration List; there is no justification to defer transfer pending the Master's consideration of consolidation with HCA 1613/2019, as the Master can take the transfer into account when deciding consolidation.

Citation
[2022] HKCFI 640
Parties
Plaintiff (original Action): W. M. Contractor Limited (formerly W.M. Foundation Company Limited); Defendant (original Action) and Counterclaimant: Ming Lee Foundation Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2022
Case Number
HCA1484/2019
Procedural Posture
Transfer Application to Construction and Arbitration List (civil Construction Dispute) / Decision on Application for Transfer / Case Management Direction
Outcome
Application for transfer to the Construction and Arbitration List granted
Legal Topics
Transfer to Construction and Arbitration List, Case Management, Expert Evidence, Consolidation
Source Language
EN
Civil Procedure Construction Law Arbitration Court Administration Transfer to Construction and Arbitration List Case Management Expert Evidence Consolidation

Case Brief

Summary, issues, holding and outcome

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Parties

W. M. Contractor Limited (formerly W.M. Foundation Company Limited)

Plaintiff (original Action)

Ming Lee Foundation Company Limited

Defendant (original Action) and Counterclaimant

Procedural Posture

Transfer Application to Construction and Arbitration List (civil Construction Dispute) / Decision on Application for Transfer / Case Management Direction

Legal Issues

  1. 1 Whether the proceedings fall within specialised cases described in paragraph 3 of Practice Direction 6.1 and should be transferred to the Construction and Arbitration List
  2. 2 Whether decision on transfer should be deferred pending the Master's decision on consolidation with HCA 1613/2019
  3. 3 Appropriate timing and scope for identification and coordination of expert evidence for trial preparation

Ratio Decidendi

The application for transfer is granted because the issues raised fall within the specialised cases described in paragraph 3 of PD 6.1 and require the case management and judicial expertise of the Construction and Arbitration List; there is no justification to defer transfer pending the Master's consideration of consolidation with HCA 1613/2019, as the Master can take the transfer into account when deciding consolidation.

Court Disposition

Application for transfer to the Construction and Arbitration List granted

Orders

  • Transfer of the consolidated proceedings to the Construction and Arbitration List
  • Costs in the cause