WAH HOK MING AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

WAH HOK MING AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

The court refused the applications for a separate preliminary trial because it was not just and convenient: the issues involve overlapping factual enquiries and common evidence, likely discovery, potential appeals and significant delay and cost which would produce injustice; consequently the solicitors' applications for trial of the preliminary issue in HCA 4610 and 4737 were refused and the related applications for stays in the other proceedings were dismissed.

Citation
WAH HOK MING AND ANOTHER v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Parties
Plaintiff / 1st Defendant: Tin Shui Wai Development Limited; 2nd Defendant / Third Party: Baker & McKenzie (solicitors); 2nd Defendant: Stikeman, Elliott (solicitors); Plaintiffs: Lau Chung Fai and Lam Man Yee; Plaintiff: Cheng Chi Lung; Plaintiffs: Kan Moon Tong Danny and Lau Wing Fong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2006
Case Number
HCA4734/2003
Procedural Posture
Civil Contract and Professional Negligence (property Pre Sale Agreements) / Hearing and Ruling on Applications for Preliminary Issue and for Stays; Strike Out Application Previously Determined
Outcome
Applications for separate trial of the preliminary issue in HCA 4610 and HCA 4737 refused; applications for stay of other proceedings dismissed; directions hearing adjourned; costs to be determined at directions hearing.
Legal Topics
Rescission, Completion of Development, Preliminary Issue, Stay of Proceedings, Strike Out, Case Management
Source Language
EN
Contract Professional Negligence Civil Procedure Property Law Rescission Completion of Development Preliminary Issue Stay of Proceedings +2 more

Case Brief

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Parties

Tin Shui Wai Development Limited

Plaintiff / 1st Defendant

Baker & McKenzie (solicitors)

2nd Defendant / Third Party

Stikeman, Elliott (solicitors)

2nd Defendant

Lau Chung Fai and Lam Man Yee

Plaintiffs

Cheng Chi Lung

Plaintiff

Kan Moon Tong Danny and Lau Wing Fong

Plaintiffs

Procedural Posture

Civil Contract and Professional Negligence (property Pre Sale Agreements) / Hearing and Ruling on Applications for Preliminary Issue and for Stays; Strike Out Application Previously Determined

Legal Issues

  1. 1 Whether the Development was complete as at 31 December 1997 for the purposes of clause 4(1)(c)
  2. 2 Whether a right of rescission under clause 4(4)(a) accrued to purchasers on 1 January 1998
  3. 3 Whether the solicitors owed and breached duties to advise and remind purchasers and thereby caused loss

Ratio Decidendi

The court refused the applications for a separate preliminary trial because it was not just and convenient: the issues involve overlapping factual enquiries and common evidence, likely discovery, potential appeals and significant delay and cost which would produce injustice; consequently the solicitors' applications for trial of the preliminary issue in HCA 4610 and 4737 were refused and the related applications for stays in the other proceedings were dismissed.

Court Disposition

Applications for separate trial of the preliminary issue in HCA 4610 and HCA 4737 refused; applications for stay of other proceedings dismissed; directions hearing adjourned; costs to be determined at directions hearing.

Orders

  • Application for trial of the preliminary issue in HCA 4610 refused
  • Application for trial of the preliminary issue in HCA 4737 refused