PROFIT STEP DEVELOPMENT LTD AND ANOTHER v. SUN RISING DEVELOPMENT (AGRICULTURE) LTD AND ANOTHER

PROFIT STEP DEVELOPMENT LTD AND ANOTHER v. SUN RISING DEVELOPMENT (AGRICULTURE) LTD AND ANOTHER

Leave to appeal and the joinder application were refused because the proposed joinder was an unexplained, late-stage attempt to reconstitute the action; Cheong Lee had been prominent in the defence pleadings since 2008, no exceptional circumstances were shown to justify varying the milestone date under O.25 r.1B(3), and the judge properly exercised his discretion to refuse the application and leave to appeal.

Citation
PROFIT STEP DEVELOPMENT LTD AND ANOTHER v. SUN RISING DEVELOPMENT (AGRICULTURE) LTD AND ANOTHER
Parties
1st Plaintiff: Profit Step Development Limited; 2nd Plaintiff: Jin Tao (Zhongshan) Fresh Produce Logistics Co., Ltd; 1st Defendant: Sun Rising Development (Agriculture) Limited; 2nd Defendant: Chan Yiu Cheung; Intervener: Cheong Lee International Trading Company Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2010
Case Number
HCMP2152/2010
Procedural Posture
Miscellaneous Proceedings (application for Joinder and Leave to Appeal) / Court of Appeal Hearing on Application for Leave to Appeal From Order Refusing Joinder (pre Trial Stage)
Outcome
Leave to appeal refused.
Legal Topics
Joinder of Parties, Leave to Appeal, Variation of Milestone Date, Amendment of Pleadings, Procedural Delay, Discretion to Refuse Late Applications
Source Language
EN
Civil Procedure Civil Litigation Joinder Appeals Case Management Joinder of Parties Leave to Appeal Variation of Milestone Date +3 more

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Parties

Profit Step Development Limited

1st Plaintiff

Jin Tao (Zhongshan) Fresh Produce Logistics Co., Ltd

2nd Plaintiff

Sun Rising Development (Agriculture) Limited

1st Defendant

Chan Yiu Cheung

2nd Defendant

Cheong Lee International Trading Company Ltd.

Intervener

Procedural Posture

Miscellaneous Proceedings (application for Joinder and Leave to Appeal) / Court of Appeal Hearing on Application for Leave to Appeal From Order Refusing Joinder (pre Trial Stage)

Legal Issues

  1. 1 Whether late-stage joinder of an intervener should be permitted
  2. 2 Whether leave to appeal from refusal to join parties should be granted
  3. 3 Whether the court should vary a milestone date under O.25 r.1B(3) absent exceptional circumstances

Ratio Decidendi

Leave to appeal and the joinder application were refused because the proposed joinder was an unexplained, late-stage attempt to reconstitute the action; Cheong Lee had been prominent in the defence pleadings since 2008, no exceptional circumstances were shown to justify varying the milestone date under O.25 r.1B(3), and the judge properly exercised his discretion to refuse the application and leave to appeal.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal refused
  • Costs to be paid by the applicants (to be taxed if not agreed)