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

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

The appeal was allowed because there is considerable and significant overlap of factual and credibility issues between the two actions, no evidence that consolidation would be used to delay the proceedings, and consolidation is necessary to save time and costs and to avoid inconsistent findings; accordingly the two actions are to be tried together with the second action standing as the counterclaim to the first, and costs ordered against Mr Choy.

Citation
CHOW TING HSING, RAYMOND v. CHOY TUK SANG, PETER
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
HCA1132/2001
Procedural Posture
Civil Actions: Trust Claim Over Shares and Claim for Repayment of Money / Appeal From Master's Order Refusing Consolidation; Decision on Whether Two Actions Should Be Tried Together (case Management/interlocutory Stage)
Outcome
Appeal allowed; master's order set aside; the two actions to be tried together with the second action to stand as the counterclaim to the first; costs of the appeal and below ordered against Mr Choy.
Legal Topics
Constructive Trust Over Shares, Repayment/loan Dispute, Consolidation of Proceedings, Trial Management, Assessment of Witness Credibility, Costs Following the Event
Source Language
EN
Equity Trusts Contract Civil Procedure Costs Constructive Trust Over Shares Repayment/loan Dispute Consolidation of Proceedings +3 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 Actions: Trust Claim Over Shares and Claim for Repayment of Money / Appeal From Master's Order Refusing Consolidation; Decision on Whether Two Actions Should Be Tried Together (case Management/interlocutory Stage)

Legal Issues

  1. 1 Whether the two actions involve sufficiently common issues to justify being tried together
  2. 2 Whether Mr Chow holds 40 million Golden Harvest shares on trust for Mr Choy
  3. 3 Whether payments (HK$60M and HK$5M) were consideration for shares, loans, or contributions to Forever Best

Ratio Decidendi

The appeal was allowed because there is considerable and significant overlap of factual and credibility issues between the two actions, no evidence that consolidation would be used to delay the proceedings, and consolidation is necessary to save time and costs and to avoid inconsistent findings; accordingly the two actions are to be tried together with the second action standing as the counterclaim to the first, and costs ordered against Mr Choy.

Court Disposition

Appeal allowed; master's order set aside; the two actions to be tried together with the second action to stand as the counterclaim to the first; costs of the appeal and below ordered against Mr Choy.

Orders

  • Allow appeal and set aside the master's order dated 27 May 2002
  • Order that HCA3373/2000 and HCA1132/2001 be tried at the same time with the second action to stand as the counterclaim to the first