CITY EXPRESS INVESTMENT LTD AND OTHERS v. ZHANG DA WI

CITY EXPRESS INVESTMENT LTD AND OTHERS v. ZHANG DA WI

Consolidation and joinder would unfairly and indeterminately delay a first action that is ready for trial; Zhang lacks locus to pursue the counterclaim personally because the LSA and its terms demonstrate a contrary intention to oust the statutory effect of s43 so the claim belongs to Themis/Themis Exco; the...

Source-derived case information.

Citation
CITY EXPRESS INVESTMENT LTD AND OTHERS v. ZHANG DA WI
Parties
Plaintiff in Hca1673/2003; Defendant in Hca1023/2003: City; Plaintiff in Hca1673/2003; Defendant in Hca1023/2003: Filon; Plaintiff in Hca1673/2003; Defendant in Hca1023/2003: Chan; Defendant in Hca1673/2003; Plaintiff (member of Themis Exco) in Hca1023/2003: Zhang Da Wi; Plaintiff in Hca1023/2003 (seven Members of Executive Committee): Themis Exco
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2007
Case Number
HCA1673/2003
Procedural Posture
Civil (account; Alleged Deceit; Counterclaim; Consolidation; Joinder; Abuse of Process) / Interlocutory Applications and Pre Trial (hearing of Multiple Summonses)
Outcome
Second, third and fourth summonses refused; first summons dismissed; fifth summons adjourned for argument; supplemental affidavit timetable ordered; costs allocated as directed.
Legal Topics
Consolidation, Joinder, Counterclaim, Abuse of Process, Locus Standi, Forum Non Conveniens, Res Judicata, Security for Costs
Source Language
en
Civil Procedure Contract and Agency Property Law Conflict of Laws Consolidation Joinder Counterclaim Abuse of Process +4 more

Source-derived case record

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

City

Plaintiff in Hca1673/2003; Defendant in Hca1023/2003

Filon

Plaintiff in Hca1673/2003; Defendant in Hca1023/2003

Chan

Plaintiff in Hca1673/2003; Defendant in Hca1023/2003

Zhang Da Wi

Defendant in Hca1673/2003; Plaintiff (member of Themis Exco) in Hca1023/2003

Themis Exco

Plaintiff in Hca1023/2003 (seven Members of Executive Committee)

Procedural Posture

Civil (account; Alleged Deceit; Counterclaim; Consolidation; Joinder; Abuse of Process) / Interlocutory Applications and Pre Trial (hearing of Multiple Summonses)

Legal Issues

  1. 1 Whether to consolidate HCA1673/2003 and HCA1023/2003
  2. 2 Whether to join additional defendants (members of Themis Exco) in the first action
  3. 3 Whether Zhang may re-amend and add a counterclaim on behalf of Themis or as member

Ratio Decidendi

Consolidation and joinder would unfairly and indeterminately delay a first action that is ready for trial; Zhang lacks locus to pursue the counterclaim personally because the LSA and its terms demonstrate a contrary intention to oust the statutory effect of s43 so the claim belongs to Themis/Themis Exco; the proposed counterclaim is also vulnerable to abuse of process in the context of parallel Beijing proceedings—therefore the consolidation/joinder and re-amendment applications are refused and the first summons dismissed, while the strike-out application is adjourned pending further material on the Beijing proceedings.

Court Disposition

Second, third and fourth summonses refused; first summons dismissed; fifth summons adjourned for argument; supplemental affidavit timetable ordered; costs allocated as directed.

Orders

  • Second, third and fourth summonses refused (consolidation and joinder denied)
  • First summons (HCA1673/2003) dismissed (leave to re-amend and add counterclaim refused)