CHONG KAI MAN v. KWAN YAU HANG AND ANOTHER

CHONG KAI MAN v. KWAN YAU HANG AND ANOTHER

The court refused to join the Kam Lan Koon because its asserted interests were consequential to, not directly part of, the limited title dispute before the court; joining it would materially expand the scope, delay and increase costs of the litigation, and the plaintiff's undertaking to omit demolition relief further removed any necessity to join the Koon, which can pursue separate proceedings if needed.

Citation
CHONG KAI MAN v. KWAN YAU HANG AND ANOTHER
Parties
Plaintiff: Chong Kai Man; 1st Defendant: Kwan Yau Hang; 2nd Defendant: Hong Kong Kwong Tai Builders Limited; Intended Intervener: Kam Lan Koon
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2013
Case Number
HCA1298/2011
Procedural Posture
Intervention Application (appeal Against Master's Decision) / Chambers Ruling (pre Trial)
Outcome
Application by intended intervener to be joined as a defendant refused.
Legal Topics
Intervention, Order 15 Rule 6, Beneficial Ownership, Constructive Trust, Specific Performance, Costs
Source Language
EN
Civil Procedure Property Law Equity Trusts Intervention Order 15 Rule 6 Beneficial Ownership Constructive Trust +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Chong Kai Man

Plaintiff

Kwan Yau Hang

1st Defendant

Hong Kong Kwong Tai Builders Limited

2nd Defendant

Kam Lan Koon

Intended Intervener

Procedural Posture

Intervention Application (appeal Against Master's Decision) / Chambers Ruling (pre Trial)

Legal Issues

  1. 1 Whether the intended intervener has an interest directly related to the subject matter sufficient under Order 15 rule 6 to be joined as a defendant
  2. 2 Whether joining the intended intervener would improperly expand the scope of the action and overburden the plaintiff
  3. 3 Whether the Koon's asserted proprietary claims are consequential to the title dispute or integral to it

Ratio Decidendi

The court refused to join the Kam Lan Koon because its asserted interests were consequential to, not directly part of, the limited title dispute before the court; joining it would materially expand the scope, delay and increase costs of the litigation, and the plaintiff's undertaking to omit demolition relief further removed any necessity to join the Koon, which can pursue separate proceedings if needed.

Court Disposition

Application by intended intervener to be joined as a defendant refused.

Orders

  • Application to join Kam Lan Koon as defendant dismissed
  • Plaintiff's undertaking accepted to exclude demolition/consequential orders from the present action