TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER

TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER

The applications by TO KIN WAH to consolidate, to obtain representative status, to amend and join additional causes (including Tso matters), to inspect further accounts and to have JR costs paid from the Funds were dismissed because the proceedings did not raise common questions or arise from the same transactions, documents had already been produced, the amendments would introduce distinct issues and delay trial, prior judicial review challenges had been finally determined, and pre-emptive costs from the Fund were not justified at this stage. The managers' applications for payment from the Funds were allowed in part (payments ordered on interim basis). Costs of TO KIN WAH's applications...

Citation
TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER
Parties
Plaintiff (hcmp509/2002); Defendant (hca1603/2004): TO KAN CHI; Plaintiff (hcmp509/2002); Defendant (hca1603/2004): TO FUK TIM; Plaintiff as Manager of Tsing Wan Kun (hcmp509/2002); Defendant (hca1603/2004): TO KAM CHAU; 1st Defendant (hcmp509/2002); Plaintiff (hca1603/2004): TO KIN WAH; 2nd Defendant (hcmp509/2002) (infant Suing by Guardian Ad Litem to KIN Wah): TO YUK LEUNG; 1st Defendant (hca1603/2004): TO FOOK TIM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 April 2008
Case Number
HCMP509/2002
Procedural Posture
Hcmp509/2002 (originating Summons Re Release of Funds) and Hca1603/2004 (action Challenging Managers) Heard Together / Chambers Hearing on Multiple Interlocutory Applications; Reasons for Judgment Handing Down Orders on Applications
Legal Topics
Consolidation Under Order 4 Rule 9 RHC, Amendment and Joinder of Parties, Representative Actions (order 15), Inspection and Production of Accounts, Pre Emptive Costs From Trust Funds, Appointment/administration of Trust Assets, Abuse of Process, Cross Examination of Non Party Witness
Source Language
EN
Trust Law Civil Procedure Administrative Law Costs Law Judicial Review Consolidation Under Order 4 Rule 9 RHC Amendment and Joinder of Parties Representative Actions (order 15) +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Party arguments 2
Sign in to unlock

Parties

TO KAN CHI

Plaintiff (hcmp509/2002); Defendant (hca1603/2004)

TO FUK TIM

Plaintiff (hcmp509/2002); Defendant (hca1603/2004)

TO KAM CHAU

Plaintiff as Manager of Tsing Wan Kun (hcmp509/2002); Defendant (hca1603/2004)

TO KIN WAH

1st Defendant (hcmp509/2002); Plaintiff (hca1603/2004)

TO YUK LEUNG

2nd Defendant (hcmp509/2002) (infant Suing by Guardian Ad Litem to KIN Wah)

TO FOOK TIM

1st Defendant (hca1603/2004)

Procedural Posture

Hcmp509/2002 (originating Summons Re Release of Funds) and Hca1603/2004 (action Challenging Managers) Heard Together / Chambers Hearing on Multiple Interlocutory Applications; Reasons for Judgment Handing Down Orders on Applications

Legal Issues

  1. 1 Whether the two proceedings should be consolidated under O 4 r 9 RHC
  2. 2 Whether applicant could obtain representative status under Order 15
  3. 3 Whether proposed amendments/joinder adding Tso issues were permissible

Ratio Decidendi

The applications by TO KIN WAH to consolidate, to obtain representative status, to amend and join additional causes (including Tso matters), to inspect further accounts and to have JR costs paid from the Funds were dismissed because the proceedings did not raise common questions or arise from the same transactions, documents had already been produced, the amendments would introduce distinct issues and delay trial, prior judicial review challenges had been finally determined, and pre-emptive costs from the Fund were not justified at this stage. The managers' applications for payment from the Funds were allowed in part (payments ordered on interim basis). Costs of TO KIN WAH's applications...