LAU, WILLIAM JOHN v. WAN, YUK LIN, ALISON AND OTHERS

LAU, WILLIAM JOHN v. WAN, YUK LIN, ALISON AND OTHERS

Although the plaintiff had a theoretical right to amend the writ before service, his conduct in informing defendants of the writ without serving it and his subsequent abandonment of claims against the 5th–7th defendants justified the strike-out action and the confirmation of the existing costs order; accordingly the order nisi on costs is made absolute and costs of the hearing are to be in the cause.

Citation
LAU, WILLIAM JOHN v. WAN, YUK LIN, ALISON AND OTHERS
Parties
Plaintiff: LAU, WILLIAM JOHN; 1st Defendant: WAN, YUK LIN, ALISON; 2nd Defendant: LEE, WAI SHUEN, ANGELA; 3rd Defendant: YAU, WAI KUEN; 4th Defendant: SKYDON DEVELOPMENT LIMITED; 5th Defendant: CREDIT ON DEMAND LIMITED; 6th Defendant: GREEN TOMATO LIMITED; 7th Defendant: EROS VENTURES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 July 2007
Case Number
HCA1255/2006
Procedural Posture
Civil Action (action No. 1255 of 2006) / Ruling (chambers)
Outcome
Order nisi on costs made absolute; strike-out application by 5th, 6th and 7th defendants justified; costs of the hearing to be in the cause.
Legal Topics
Amendment of Writ, Strike Out Application, Service of Writ, Abandonment of Claim, Costs Orders
Source Language
EN
Civil Procedure Costs Injunction/relief Amendment of Writ Strike Out Application Service of Writ Abandonment of Claim Costs Orders

Case Brief

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Parties

LAU, WILLIAM JOHN

Plaintiff

WAN, YUK LIN, ALISON

1st Defendant

LEE, WAI SHUEN, ANGELA

2nd Defendant

YAU, WAI KUEN

3rd Defendant

SKYDON DEVELOPMENT LIMITED

4th Defendant

CREDIT ON DEMAND LIMITED

5th Defendant

GREEN TOMATO LIMITED

6th Defendant

EROS VENTURES LIMITED

7th Defendant

Procedural Posture

Civil Action (action No. 1255 of 2006) / Ruling (chambers)

Legal Issues

  1. 1 Whether plaintiff could amend the writ without leave prior to service
  2. 2 Whether the defendants were justified in bringing a strike-out application given plaintiff's conduct and abandonment of claims
  3. 3 Appropriate costs orders including making an order nisi absolute and costs in the cause

Ratio Decidendi

Although the plaintiff had a theoretical right to amend the writ before service, his conduct in informing defendants of the writ without serving it and his subsequent abandonment of claims against the 5th–7th defendants justified the strike-out action and the confirmation of the existing costs order; accordingly the order nisi on costs is made absolute and costs of the hearing are to be in the cause.

Court Disposition

Order nisi on costs made absolute; strike-out application by 5th, 6th and 7th defendants justified; costs of the hearing to be in the cause.

Orders

  • Order nisi on costs is made absolute.
  • Costs of 12 July 2007 to be in the cause.