WAH FUNG FOREST RESOURCES LTD v. WONG CHOR CHEUNG AND ANOTHER

WAH FUNG FOREST RESOURCES LTD v. WONG CHOR CHEUNG AND ANOTHER

The application to hear the proceedings together was refused because it was unreasonably late, would have required vacating an imminent three-day trial causing serious prejudice to the plaintiff in HCMP 3/2016, the claims were substantially distinct with only limited overlap, and no exceptional circumstances justified consolidation.

Citation
[2019] HKCFI 2133
Parties
Plaintiff (hca 804/2015, HCA 1834/2016, HCA 1835/2016 Consolidated): Wah Fung Forest Resources Limited; Defendant / 1st Defendant: Wong Chor Cheung; 2nd Defendant (discontinued): Jinrong (HK) International Development Holdings Limited; Plaintiff (hcmp 3/2016): Cheung Hing; Defendant (hcmp 3/2016): Wah Fung Forest Resources Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2018
Case Number
HCA1835/2016
Procedural Posture
Application to Hear Proceedings Together / Consolidation Request / Pretrial Review and Application to Consolidate (summonses Dated 31 January 2018)
Outcome
Application refused; summonses dismissed.
Legal Topics
Consolidation, Derivative Action, Issue Estoppel, Trial Scheduling, Default Judgment, Set Aside Judgment
Source Language
EN
Civil Procedure Company Law Consolidation Derivative Action Issue Estoppel Trial Scheduling Default Judgment Set Aside Judgment

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Parties

Wah Fung Forest Resources Limited

Plaintiff (hca 804/2015, HCA 1834/2016, HCA 1835/2016 Consolidated)

Wong Chor Cheung

Defendant / 1st Defendant

Jinrong (HK) International Development Holdings Limited

2nd Defendant (discontinued)

Cheung Hing

Plaintiff (hcmp 3/2016)

Wah Fung Forest Resources Limited

Defendant (hcmp 3/2016)

Procedural Posture

Application to Hear Proceedings Together / Consolidation Request / Pretrial Review and Application to Consolidate (summonses Dated 31 January 2018)

Legal Issues

  1. 1 Whether the consolidated derivative actions and HCMP 3/2016 should be heard together
  2. 2 Whether late application and delay justify refusing consolidation
  3. 3 Whether vacating an imminent trial is justified by overlap of issues

Ratio Decidendi

The application to hear the proceedings together was refused because it was unreasonably late, would have required vacating an imminent three-day trial causing serious prejudice to the plaintiff in HCMP 3/2016, the claims were substantially distinct with only limited overlap, and no exceptional circumstances justified consolidation.

Court Disposition

Application refused; summonses dismissed.

Orders

  • Summonses dated 31 January 2018 dismissed
  • No order for the proceedings to be heard together; trial date of HCMP 3/2016 (4 June 2018 with three days reserved) to stand