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

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

The court exercised its discretion to list the two related actions before the same judge sequentially because they arise from the same series of transactions with overlapping factual issues and mutually admissible evidence, the 2015 action stemmed from discoveries in the 2011 action, anticipated delay was limited and manageable with directed timetables, and the course promotes case management, fairness and efficiency; costs of the applications were ordered in the cause following precedent.

Citation
WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND OTHERS
Parties
1st Plaintiff: WONG LUEN HANG （王暖亨）; 2nd Plaintiff: TSUI KWOK SO （徐國甦）; 1st Defendant: CHAN YUK LUNG （陳玉龍）; 2nd Defendant: CHAN YUK WAI （陳玉威）; 3rd Defendant (hca 1382/2011): SUN FU YEE LIMITED （新富宜有限公司）; 4th Defendant (hca 1382/2011): WANG BON COMPANY LIMITED （宏邦中國有限公司）; 5th Defendant (hca 1382/2011): TOPMIX INDUSTRIAL LIMITED （德日實業有限公司）; 3rd Defendant (hca 1265/2015): FAITHFUL RAINBOW LIMITED （榮虹有限公司）; 4th Defendant (hca 1265/2015): MAK WAI WING CLEMENS （麥偉榮）; 5th Defendant (hca 1265/2015): CHAN WAI HUNG （陳煒洪）; 6th Defendant (hca 1265/2015): LAM KWOK KIN （林國健）; 7th Defendant (hca 1265/2015): NG CHUN KAI （吳振佳）; 8th Defendant (hca 1265/2015): TSE WING KEUNG （謝永強）; 9th Defendant (hca 1265/2015): TSE WING HONG （謝永康）; 10th Defendant (hca 1265/2015): TOPMIX (INTERNATIONAL) COMPANY LIMITED （德日（國際）有限公司）; 11th Defendant (hca 1265/2015): TOPMIX INDUSTRIAL LIMITED （德日實業有限公司）
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2016
Case Number
HCA1382/2011
Procedural Posture
Civil Actions (applications for Sequential Trials/consolidation) / Interlocutory (case Management; Summonses for Sequential Trial Directions)
Outcome
Applications granted in terms of the Plaintiffs' summonses; actions to be tried before the same judge sequentially (one after the other)
Legal Topics
Consolidation/sequential Trials, Case Management, Fiduciary Duties of Directors, Derivative Action, Conspiracy, Admissibility of Evidence From Related Proceedings, Delay and Prejudice, Costs Orders
Source Language
EN
Civil Procedure Company Law Injunctions and Interim Relief Evidence Law Derivative Actions Consolidation/sequential Trials Case Management Fiduciary Duties of Directors +5 more

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Parties

WONG LUEN HANG （王暖亨）

1st Plaintiff

TSUI KWOK SO （徐國甦）

2nd Plaintiff

CHAN YUK LUNG （陳玉龍）

1st Defendant

CHAN YUK WAI （陳玉威）

2nd Defendant

SUN FU YEE LIMITED （新富宜有限公司）

3rd Defendant (hca 1382/2011)

WANG BON COMPANY LIMITED （宏邦中國有限公司）

4th Defendant (hca 1382/2011)

TOPMIX INDUSTRIAL LIMITED （德日實業有限公司）

5th Defendant (hca 1382/2011)

FAITHFUL RAINBOW LIMITED （榮虹有限公司）

3rd Defendant (hca 1265/2015)

MAK WAI WING CLEMENS （麥偉榮）

4th Defendant (hca 1265/2015)

CHAN WAI HUNG （陳煒洪）

5th Defendant (hca 1265/2015)

LAM KWOK KIN （林國健）

6th Defendant (hca 1265/2015)

NG CHUN KAI （吳振佳）

7th Defendant (hca 1265/2015)

TSE WING KEUNG （謝永強）

8th Defendant (hca 1265/2015)

TSE WING HONG （謝永康）

9th Defendant (hca 1265/2015)

TOPMIX (INTERNATIONAL) COMPANY LIMITED （德日（國際）有限公司）

10th Defendant (hca 1265/2015)

TOPMIX INDUSTRIAL LIMITED （德日實業有限公司）

11th Defendant (hca 1265/2015)

Procedural Posture

Civil Actions (applications for Sequential Trials/consolidation) / Interlocutory (case Management; Summonses for Sequential Trial Directions)

Legal Issues

  1. 1 Whether the two actions should be tried before the same judge sequentially or jointly
  2. 2 Whether there is sufficient common question of law or fact or same series of transactions to justify consolidation/sequential trials under Order 4 r.9 RHC
  3. 3 Whether trial before the same judge will cause prejudice by delay to defendants

Ratio Decidendi

The court exercised its discretion to list the two related actions before the same judge sequentially because they arise from the same series of transactions with overlapping factual issues and mutually admissible evidence, the 2015 action stemmed from discoveries in the 2011 action, anticipated delay was limited and manageable with directed timetables, and the course promotes case management, fairness and efficiency; costs of the applications were ordered in the cause following precedent.

Court Disposition

Applications granted in terms of the Plaintiffs' summonses; actions to be tried before the same judge sequentially (one after the other)

Orders

  • Order granting Plaintiffs' summonses for sequential trials of HCA 1382/2011 and HCA 1265/2015 before the same judge, to be heard one after the other
  • Direction that evidence in the 2011 action may be admissible in the 2015 action where appropriate