UNITED STATES GARMENT FACTORY LTD. AND ANOTHER v. SEA-LAND SERVICE INC. AND ANOTHER

UNITED STATES GARMENT FACTORY LTD. AND ANOTHER v. SEA-LAND SERVICE INC. AND ANOTHER

Because the action between the owners and carriers had been finally resolved (judgment obtained, satisfied and unappealed) there were no "proceedings" to which the intended intervener could be joined under O.15 r.6(2)(b); accordingly the application to be joined and to set aside the judgment failed and was dismissed, with the exercise of discretion refusing to revive the dead action.

Citation
UNITED STATES GARMENT FACTORY LTD. AND ANOTHER v. SEA-LAND SERVICE INC. AND ANOTHER
Parties
1st Plaintiff: UNITED STATES GARMENT FACTORY LIMITED; 2nd Plaintiff: ZHUHAI SEZ BLUE-LIGHT ENTERPRISE CO. LIMITED; 1st Defendant: SEA-LAND SERVICE INC; 2nd Defendant: SEA-LAND SERVICE ORIENT LTD; Intended Intervener: LE MANS MANUFACTURING LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 1994
Case Number
HCA528/1994
Procedural Posture
Civil: Misdelivery of Goods / Shipping (contract) / Application for Joinder Under O.15 R.6 After Judgment Against Defendants Has Been Entered and Satisfied; Time for Appeal Expired
Outcome
Application to be joined dismissed
Legal Topics
Joinder, Third Party Notice, Order 15 R.6, Order 16 R.1(1)(c), Locus Standi, Finality of Judgment, Mareva Injunction, Discretionary Relief
Source Language
EN
Civil Procedure Contract Maritime/shipping Appeals Joinder Third Party Notice Order 15 R.6 Order 16 R.1(1)(c) +4 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 6 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

UNITED STATES GARMENT FACTORY LIMITED

1st Plaintiff

ZHUHAI SEZ BLUE-LIGHT ENTERPRISE CO. LIMITED

2nd Plaintiff

SEA-LAND SERVICE INC

1st Defendant

SEA-LAND SERVICE ORIENT LTD

2nd Defendant

LE MANS MANUFACTURING LTD

Intended Intervener

Procedural Posture

Civil: Misdelivery of Goods / Shipping (contract) / Application for Joinder Under O.15 R.6 After Judgment Against Defendants Has Been Entered and Satisfied; Time for Appeal Expired

Legal Issues

  1. 1 Whether intended intervener (buyer) could be joined as a defendant under O.15 r.6
  2. 2 Whether an action in which judgment has been satisfied and appeal time expired constitutes "proceedings" for purposes of O.15 r.6(2)(b)
  3. 3 Whether the buyer has a sufficient legal interest or locus to be joined

Ratio Decidendi

Because the action between the owners and carriers had been finally resolved (judgment obtained, satisfied and unappealed) there were no "proceedings" to which the intended intervener could be joined under O.15 r.6(2)(b); accordingly the application to be joined and to set aside the judgment failed and was dismissed, with the exercise of discretion refusing to revive the dead action.

Court Disposition

Application to be joined dismissed

Orders

  • Application dismissed
  • Order nisi that intended intervener (Le Mans Manufacturing Ltd) pay the costs of the plaintiffs (United States Garment Factory Ltd and Zhuhai Sez Blue-Light Enterprise Co. Ltd) and the defendants (Sea-Land Service Inc and Sea-Land Service Orient Ltd)