LO FONG HUNG v. FUNG YUEN KWAN, VERONICA AND ANOTHER
The Summons for leave to intervene was dismissed because the intervention was unjustified, filed with inexcusable delay and risked derailing the Trial; the Intended Intervener failed to seek less disruptive alternatives (eg undertakings by correspondence); consequently the Intended Intervener was ordered to pay the 1st Respondent's costs of the Summons on an indemnity basis with a certificate for three counsel, taxed at HK$680,000 payable forthwith.
- Citation
- [2025] HKCFI 3101
- Parties
- Petitioner: Lo Fong Hung; 1st Respondent: Fung Yuen Kwan, Veronica; 2nd Respondent: New Bright International Development Limited; Intended Intervener: Chiu Yee Mui
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 17 July 2025
- Case Number
- HCMP2219/2020
- Procedural Posture
- Companies Petition Under Companies Ordinance (sections 723 725) / Costs Ruling on Summons to Intervene (pre Trial)
- Outcome
- Summons dismissed; costs awarded to 1st Respondent on indemnity basis with certificate for three counsel; costs taxed at HK$680,000 payable forthwith by Intended Intervener
- Legal Topics
- Intervention, Costs, Estoppel, Beneficial Ownership, Trusts, Adjournment
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Lo Fong Hung
Petitioner
Fung Yuen Kwan, Veronica
1st Respondent
New Bright International Development Limited
2nd Respondent
Chiu Yee Mui
Intended Intervener
Procedural Posture
Companies Petition Under Companies Ordinance (sections 723 725) / Costs Ruling on Summons to Intervene (pre Trial)
Legal Issues
- 1 Whether the Intended Intervener should be granted leave to intervene shortly before trial
- 2 Whether the Trial should be adjourned and further directions given
- 3 Whether costs should be awarded and on what basis (indemnity, certificate for three counsel)
Ratio Decidendi
The Summons for leave to intervene was dismissed because the intervention was unjustified, filed with inexcusable delay and risked derailing the Trial; the Intended Intervener failed to seek less disruptive alternatives (eg undertakings by correspondence); consequently the Intended Intervener was ordered to pay the 1st Respondent's costs of the Summons on an indemnity basis with a certificate for three counsel, taxed at HK$680,000 payable forthwith.
Court Disposition
Summons dismissed; costs awarded to 1st Respondent on indemnity basis with certificate for three counsel; costs taxed at HK$680,000 payable forthwith by Intended Intervener
Orders
- Summons dated 13 October 2023 dismissed
- Intended Intervener to pay the costs of and occasioned by the Summons to the 1st Respondent on an indemnity basis
Full Case Text
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