LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased v. LIU DAN AND ANOTHER

LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased v. LIU DAN AND ANOTHER

The four proceedings involve substantial overlap of core factual issues (beneficial ownership of shares, nominee arrangements and the relationships between Winston, Liu and Xing) and substantial overlap of principal parties and witnesses; the application was not premature and no real conflict of interests was shown....

Source-derived case information.

Citation
[2022] HKCFI 339
Parties
Applicant / Plaintiff / Administratrix: Long Hai Hong; 1st Respondent / Defendant: Chan Yu, Lydia; 2nd Respondent / 5th Defendant: A J K Company Limited; 3rd Respondent / 1st Defendant: Liu Dan; 2nd Defendant: Xing Zhirong; 4th Defendant: China Terry Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 January 2022
Case Number
HCA721/2019
Procedural Posture
Application for Consolidation / Order to Try Four Related Proceedings Together Under Order 4 R 9 and Case Management of Pre Trial Steps / Pre Trial / Case Management (application Heard; Trial Not Yet Commenced)
Outcome
Summons granted; the four actions to be tried together before the same judge; costs in the cause with certificate for two counsel.
Legal Topics
Consolidation of Actions, Rectification of Register of Members, Derivative Action, Share Ownership Disputes, Constructive Trust and Nominee Arrangements, Discovery and Witness Statements, Conflict of Interest in Dual Capacities
Source Language
en
Company Law Civil Procedure and Case Management Trusts and Fiduciary Duties Partnership Law Probate and Administration Consolidation of Actions Rectification of Register of Members Derivative Action +4 more

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Parties

Long Hai Hong

Applicant / Plaintiff / Administratrix

Chan Yu, Lydia

1st Respondent / Defendant

A J K Company Limited

2nd Respondent / 5th Defendant

Liu Dan

3rd Respondent / 1st Defendant

Xing Zhirong

2nd Defendant

China Terry Limited

4th Defendant

Procedural Posture

Application for Consolidation / Order to Try Four Related Proceedings Together Under Order 4 R 9 and Case Management of Pre Trial Steps / Pre Trial / Case Management (application Heard; Trial Not Yet Commenced)

Legal Issues

  1. 1 Whether the four actions should be tried together
  2. 2 Whether there is a substantial overlap of real issues
  3. 3 Whether there is a substantial overlap of parties and witnesses

Ratio Decidendi

The four proceedings involve substantial overlap of core factual issues (beneficial ownership of shares, nominee arrangements and the relationships between Winston, Liu and Xing) and substantial overlap of principal parties and witnesses; the application was not premature and no real conflict of interests was shown. Accordingly, case management principles and Order 4 r 9(1) require the actions to be tried together to save costs, time and avoid inconsistent findings.

Court Disposition

Summons granted; the four actions to be tried together before the same judge; costs in the cause with certificate for two counsel.

Orders

  • Order in terms of the Summons granted that HCMP 3179/2013, HCA 175/2018, HCA 721/2019 and HCMP 1537/2019 be tried together before one judge
  • Costs of and occasioned by this application to be costs in the cause, with certificate for two counsel