ATLANTIC LINK LTD v. THE INCORPORATED OWNERS OF YEN YING BUILDING AND OTHERS

ATLANTIC LINK LTD v. THE INCORPORATED OWNERS OF YEN YING BUILDING AND OTHERS

The judge found the Master's exercise of discretion was flawed for not applying the balancing principles set out in Chan Cheung Ming Jacky; despite finding the defendants' conduct unreasonable and delayed, an overall justice balancing required granting an extension. The appeal was allowed, the original deadlines were varied with strict new dates, and costs were ordered against the defendants who sought the indulgence, including indemnity costs for the plaintiff's wasted expert report, with specified sanctions for non‑compliance by experts.

Citation
[2019] HKDC 1518
Parties
Plaintiff: Atlantic Link Limited; 1st Defendant: The Incorporated Owners of Yen Ying Building; 2nd Defendant: Fullwill Property Management Limited; 3rd Defendant: Tse Sik Hung David; 4th Defendant: Poon Yun Tai, Personal Representative of the Estate of Lo Ming Sun, Deceased; 5th Defendant: J-BO Company Limited; 6th Defendant: Wong Yue Ming William & Lo Lai Yi; 7th Defendant: Ho Lung Wai Stanley; 8th Defendant: Lee Fung Ying; 9th Defendant: Fast Access Limited; 10th Defendant: Koswo Limited; 11th Defendant: Bopps Investments Limited; 12th Defendant: Full Asset Limited; 13th Defendant: Lam Kit Chun Linda; 14th Defendant: Tung Wah Group of Hospitals; 15th Defendant: Wong Lan Sin
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 November 2019
Case Number
DCCJ1306/2018
Procedural Posture
Civil Action Appeal From Master's Case Management Decision / Appeal (chambers)
Outcome
Appeal allowed; Master’s decision set aside and time limits extended with new specific directions; costs ordered against defendants
Legal Topics
Extension of Time, Case Management, Joint Expert Report, Costs, Appeal From Master
Source Language
EN
Civil Procedure Property (building Dispute) Tort (negligence/nuisance) Expert Evidence Extension of Time Case Management Joint Expert Report Costs +1 more

Case Brief

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Parties

Atlantic Link Limited

Plaintiff

The Incorporated Owners of Yen Ying Building

1st Defendant

Fullwill Property Management Limited

2nd Defendant

Tse Sik Hung David

3rd Defendant

Poon Yun Tai, Personal Representative of the Estate of Lo Ming Sun, Deceased

4th Defendant

J-BO Company Limited

5th Defendant

Wong Yue Ming William & Lo Lai Yi

6th Defendant

Ho Lung Wai Stanley

7th Defendant

Lee Fung Ying

8th Defendant

Fast Access Limited

9th Defendant

Koswo Limited

10th Defendant

Bopps Investments Limited

11th Defendant

Full Asset Limited

12th Defendant

Lam Kit Chun Linda

13th Defendant

Tung Wah Group of Hospitals

14th Defendant

Wong Lan Sin

15th Defendant

Procedural Posture

Civil Action Appeal From Master's Case Management Decision / Appeal (chambers)

Legal Issues

  1. 1 Whether to extend time for joint inspection and joint expert report
  2. 2 Whether the Master's case management decision was wrong and should be disturbed on appeal
  3. 3 Whether defendants' refusal to comply with court timetable based on expert advice was reasonable

Ratio Decidendi

The judge found the Master's exercise of discretion was flawed for not applying the balancing principles set out in Chan Cheung Ming Jacky; despite finding the defendants' conduct unreasonable and delayed, an overall justice balancing required granting an extension. The appeal was allowed, the original deadlines were varied with strict new dates, and costs were ordered against the defendants who sought the indulgence, including indemnity costs for the plaintiff's wasted expert report, with specified sanctions for non‑compliance by experts.

Court Disposition

Appeal allowed; Master’s decision set aside and time limits extended with new specific directions; costs ordered against defendants

Orders

  • All parties' water leakage experts to conduct a 1st joint inspection on 7 November 2019 and a 2nd joint inspection on 14 November 2019 and carry out all relevant tests for a joint expert report; experts failing to attend those inspections are debarred from further joint inspections for the report.
  • 15th defendant to make unit 3J available for inspection on 7 November 2019 and 14 November 2019.