CHAN SUWANNA v. SYNERGIS MANAGEMENT SERVICES LTD AND ANOTHER

CHAN SUWANNA v. SYNERGIS MANAGEMENT SERVICES LTD AND ANOTHER

Section 27 Limitation Ordinance, which sets a 3-year limit for personal injury damage claims, does not apply to a defendant's third party claim for contribution or indemnity; such claims constitute separate actions governed by section 6 LO and the Civil Liability (Contribution) Ordinance, and Order 16 permits issuing third party proceedings while the main action remains pending; accordingly the Master's order granting leave to issue the third party notice was correctly upheld and the third party's summons to rescind/set aside was rightly dismissed.

Citation
[2021] HKDC 18
Parties
Plaintiff: CHAN SUWANNA; 1st Defendant: SYNERGIS MANAGEMENT SERVICES LIMITED; 2nd Defendant: KAI SHING MANAGEMENT SERVICES LIMITED; Third Party: CLARE ENVIRONMENTAL SERVICES LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 January 2021
Case Number
DCPI1116/2018
Procedural Posture
Personal Injuries Action / Third Party Appeal Against Master's Dismissal of Summons to Set Aside Third Party Notice; Hearing and Summary Assessment of Costs
Outcome
Appeal dismissed; Master's order of 20 August 2020 upheld; costs awarded to 2nd defendant with certificate for counsel and summary assessment ordered
Legal Topics
Third Party Proceedings, Limitation Period, Contribution, Order 16 Rules of the District Court, Civil Liability (contribution) Ordinance (cap 377), Limitation Ordinance (cap 347)
Source Language
EN
Civil Procedure Tort Law Limitation Law Contribution and Indemnity Third Party Proceedings Limitation Period Contribution Order 16 Rules of the District Court +2 more

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Parties

CHAN SUWANNA

Plaintiff

SYNERGIS MANAGEMENT SERVICES LIMITED

1st Defendant

KAI SHING MANAGEMENT SERVICES LIMITED

2nd Defendant

CLARE ENVIRONMENTAL SERVICES LIMITED

Third Party

Procedural Posture

Personal Injuries Action / Third Party Appeal Against Master's Dismissal of Summons to Set Aside Third Party Notice; Hearing and Summary Assessment of Costs

Legal Issues

  1. 1 Whether section 27 Limitation Ordinance applies to a defendant's claim for contribution/indemnity against a third party
  2. 2 Whether third party proceedings were time-barred
  3. 3 Whether it was premature to issue third party proceedings before liability in the main action was established

Ratio Decidendi

Section 27 Limitation Ordinance, which sets a 3-year limit for personal injury damage claims, does not apply to a defendant's third party claim for contribution or indemnity; such claims constitute separate actions governed by section 6 LO and the Civil Liability (Contribution) Ordinance, and Order 16 permits issuing third party proceedings while the main action remains pending; accordingly the Master's order granting leave to issue the third party notice was correctly upheld and the third party's summons to rescind/set aside was rightly dismissed.

Court Disposition

Appeal dismissed; Master's order of 20 August 2020 upheld; costs awarded to 2nd defendant with certificate for counsel and summary assessment ordered

Orders

  • Third party's appeal dismissed with costs to the 2nd defendant and certificate for counsel
  • Costs of the Summons before the Master and the appeal to be summarily assessed by the judge by way of paper disposal