YEUNG SHUN YAN KIMBERLEY AND ANOTHER v. LAM YUET CHUNG RAYMOND AND OTHERS

YEUNG SHUN YAN KIMBERLEY AND ANOTHER v. LAM YUET CHUNG RAYMOND AND OTHERS

The pleadings did not raise any genuine dispute concerning the boundaries of Section C and the Remaining Portion; the Master’s leave to amend by D5 did not convert those sections into matters genuinely in dispute between the parties. Consequently, joinder of occupiers of Section C and RP would introduce new claims and expand the scope of the action rather than being necessary or just and convenient. The proposed amendments likewise raise new causes and are not necessary to determine the real issues. Therefore the joinder and amendment applications must be dismissed.

Citation
[2024] HKDC 1692
Parties
1st Plaintiff: Yeung Shun Yan Kimberley; 2nd Plaintiff: Lai Wallace Tsz Fung; 1st Defendant: Lam Yuet Chung Raymond; 2nd Defendant: Law Kit On; 3rd Defendant: All occupier(s) of Section D and Section E of Lot No 1575 in DD3 Lamma Island; 4th Defendant: Lam Yuet Chiu; 5th Defendant: Secretary for Justice
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 October 2024
Case Number
DCCJ4939/2018
Procedural Posture
Civil Trespass and Property Claim / Inter Partes Summons for Joinder and Amendment of Pleadings
Outcome
Summons dismissed; Joinder and Amendment Applications refused
Legal Topics
Joinder of Parties, Amendment of Pleadings, Summary Assessment of Costs
Source Language
EN
Property Law Civil Procedure Tort Joinder of Parties Amendment of Pleadings Summary Assessment of Costs

Case Brief

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Parties

Yeung Shun Yan Kimberley

1st Plaintiff

Lai Wallace Tsz Fung

2nd Plaintiff

Lam Yuet Chung Raymond

1st Defendant

Law Kit On

2nd Defendant

All occupier(s) of Section D and Section E of Lot No 1575 in DD3 Lamma Island

3rd Defendant

Lam Yuet Chiu

4th Defendant

Secretary for Justice

5th Defendant

Procedural Posture

Civil Trespass and Property Claim / Inter Partes Summons for Joinder and Amendment of Pleadings

Legal Issues

  1. 1 Whether intended defendants (D7 and D8) should be joined to the present proceedings
  2. 2 Whether the plaintiffs should be granted leave to amend the writ and statement of claim to add claims against D7 and D8
  3. 3 Whether the proposed joinder/amendment would introduce a new cause of action or expand the scope of the present action

Ratio Decidendi

The pleadings did not raise any genuine dispute concerning the boundaries of Section C and the Remaining Portion; the Master’s leave to amend by D5 did not convert those sections into matters genuinely in dispute between the parties. Consequently, joinder of occupiers of Section C and RP would introduce new claims and expand the scope of the action rather than being necessary or just and convenient. The proposed amendments likewise raise new causes and are not necessary to determine the real issues. Therefore the joinder and amendment applications must be dismissed.

Court Disposition

Summons dismissed; Joinder and Amendment Applications refused

Orders

  • Summons dismissed
  • Joinder of intended 6th, 7th and 8th defendants refused and application to amend to add D7 and D8 refused