WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS

The Registrar exercised discretion to order the two related actions to be listed before the same judge to be tried sequentially because they involve overlapping factual questions, evidence relevant to character and credibility of key defendants is common to both actions, sequential trials will promote case management and likely save time and costs, and the limited delay (approximately three months with specific extension terms) and procedural protections avoid undue prejudice; costs of the applications were ordered to be in the cause with certificate for one counsel.

Citation
WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS
Parties
1st Plaintiff: WONG LUEN HANG; 2nd Plaintiff: TSUI KWOK SO; 1st Defendant: CHAN YUK LUNG; 2nd Defendant: CHAN YUK WAI; 3rd Defendant: SUN FU YEE LIMITED; 4th Defendant: WANG BON COMPANY LIMITED; 5th Defendant: TOPMIX INDUSTRIAL LIMITED; 3rd Defendant: FAITHFUL RAINBOW LIMITED; 4th Defendant: MAK WAI WING CLEMENS; 5th Defendant: CHAN WAI HUNG; 6th Defendant: LAM KWOK KIN; 7th Defendant: NG CHUN KAI; 8th Defendant: TSE WING KEUNG; 9th Defendant: TSE WING HONG; 10th Defendant: TOPMIX (INTERNATIONAL) COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2016
Case Number
HCA1265/2015
Procedural Posture
Civil High Court Actions Re Company Disputes and Case Management / Chambers Hearing on Applications for Sequential Trials and Case Management (application Disposed)
Outcome
Application granted: the two actions (HCA 1382/2011 and HCA 1265/2015) to be listed before the same judge to be tried sequentially; costs of the applications in the cause; case management directions given.
Legal Topics
Consolidation, Sequential Trials, Case Management, Fiduciary Duty, Derivative Action, Admissibility of Evidence
Source Language
EN
Civil Procedure Company Law Directors' Fiduciary Duties Injunctions and Winding Up Proceedings Costs Consolidation Sequential Trials Case Management +3 more

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Parties

WONG LUEN HANG

1st Plaintiff

TSUI KWOK SO

2nd Plaintiff

CHAN YUK LUNG

1st Defendant

CHAN YUK WAI

2nd Defendant

SUN FU YEE LIMITED

3rd Defendant

WANG BON COMPANY LIMITED

4th Defendant

TOPMIX INDUSTRIAL LIMITED

5th Defendant

FAITHFUL RAINBOW LIMITED

3rd Defendant

MAK WAI WING CLEMENS

4th Defendant

CHAN WAI HUNG

5th Defendant

LAM KWOK KIN

6th Defendant

NG CHUN KAI

7th Defendant

TSE WING KEUNG

8th Defendant

TSE WING HONG

9th Defendant

TOPMIX (INTERNATIONAL) COMPANY LIMITED

10th Defendant

Procedural Posture

Civil High Court Actions Re Company Disputes and Case Management / Chambers Hearing on Applications for Sequential Trials and Case Management (application Disposed)

Legal Issues

  1. 1 Whether the two High Court actions should be tried together or sequentially before the same judge
  2. 2 Whether there is sufficient common question of law or fact to justify consolidation/sequential trials
  3. 3 Whether ordering sequential trials would cause undue prejudice or delay to defendants

Ratio Decidendi

The Registrar exercised discretion to order the two related actions to be listed before the same judge to be tried sequentially because they involve overlapping factual questions, evidence relevant to character and credibility of key defendants is common to both actions, sequential trials will promote case management and likely save time and costs, and the limited delay (approximately three months with specific extension terms) and procedural protections avoid undue prejudice; costs of the applications were ordered to be in the cause with certificate for one counsel.

Court Disposition

Application granted: the two actions (HCA 1382/2011 and HCA 1265/2015) to be listed before the same judge to be tried sequentially; costs of the applications in the cause; case management directions given.

Orders

  • Order granted in terms of the Plaintiffs\' summonses for sequential trials before the same judge
  • Costs of the applications, including the hearing, to be in the cause with a certificate for one counsel