CHOY TUK SANG, PETER v. CHOW TING HSING, RAYMOND

CHOY TUK SANG, PETER v. CHOW TING HSING, RAYMOND

Appeal allowed; master’s order set aside and the two actions ordered to be tried together with HCA1132/2001 standing as the counterclaim to HCA3373/2000 because the actions involve significant common issues and overlapping witness credibility such that a joint trial will save time and costs and avoid inconsistent findings.

Citation
CHOY TUK SANG, PETER v. CHOW TING HSING, RAYMOND
Parties
Plaintiff (hca3373/2000); Defendant (hca1132/2001): Choy Tuk Sang, Peter; Defendant (hca3373/2000); Plaintiff (hca1132/2001): Chow Ting Hsing, Raymond
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 October 2002
Case Number
HCA3373/2000
Procedural Posture
Civil Appeal Against Master’s Interlocutory Order Concerning Joinder/consolidation / Hearing in Chambers on Application to Try Two Actions Together (appeal Allowed)
Outcome
Appeal allowed; master’s order of 27 May 2002 set aside
Legal Topics
Consolidation of Actions, Joint Trial, Constructive Trust, Declaration of Trust, Loan/repayment Dispute, Costs
Source Language
EN
Civil Procedure Equity Trusts Commercial Law Consolidation of Actions Joint Trial Constructive Trust Declaration of Trust +2 more

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Parties

Choy Tuk Sang, Peter

Plaintiff (hca3373/2000); Defendant (hca1132/2001)

Chow Ting Hsing, Raymond

Defendant (hca3373/2000); Plaintiff (hca1132/2001)

Procedural Posture

Civil Appeal Against Master’s Interlocutory Order Concerning Joinder/consolidation / Hearing in Chambers on Application to Try Two Actions Together (appeal Allowed)

Legal Issues

  1. 1 Whether the two actions should be tried together or separately
  2. 2 Whether Mr Chow holds 40,000,000 Golden Harvest shares on trust for Mr Choy
  3. 3 Whether the HK$60,000,000 paid in 1993 related to share issuance or other consideration

Ratio Decidendi

Appeal allowed; master’s order set aside and the two actions ordered to be tried together with HCA1132/2001 standing as the counterclaim to HCA3373/2000 because the actions involve significant common issues and overlapping witness credibility such that a joint trial will save time and costs and avoid inconsistent findings.

Court Disposition

Appeal allowed; master’s order of 27 May 2002 set aside

Orders

  • Two actions to be tried at the same time with HCA1132/2001 to stand as counterclaim to HCA3373/2000
  • Costs of the appeal and below to be paid by Mr Choy (costs to follow the event)