REGAL WISE DEVELOPMENT LTD v. YICK SHING CONTRACTORS LTD

REGAL WISE DEVELOPMENT LTD v. YICK SHING CONTRACTORS LTD

The defendant failed to show the Second Action was an abuse of process or duplicitous: the cheques in question had not given rise to an accrued right of action at the time of the First Action because they were not dishonoured until presented on their due dates; the First and Second Actions assert distinct causes and...

Source-derived case information.

Citation
REGAL WISE DEVELOPMENT LTD v. YICK SHING CONTRACTORS LTD
Parties
Plaintiff: Regal Wise Development Limited; Defendant: Yick Shing Contractors Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 March 2013
Case Number
DCCJ3493/2012
Procedural Posture
District Court Civil Action / Appeal by Way of Rehearing From Master's Decision (strike Out Application and Directions for Joint Trial)
Outcome
Appeal dismissed; master's decision dated 5 March 2013 upheld.
Legal Topics
Abuse of Process, Res Judicata (henderson V Henderson), Striking Out, Joint Trial, Bills of Exchange, Cheques, Summary Judgment, Civil Justice Reform
Source Language
en
Civil Procedure Contract Negotiable Instruments Appeal Abuse of Process Res Judicata (henderson V Henderson) Striking Out Joint Trial +4 more

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Summary, issues, holding and outcome

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Parties

Regal Wise Development Limited

Plaintiff

Yick Shing Contractors Limited

Defendant

Procedural Posture

District Court Civil Action / Appeal by Way of Rehearing From Master's Decision (strike Out Application and Directions for Joint Trial)

Legal Issues

  1. 1 Whether the Second Action is an abuse of process/res judicata in the wider Henderson v Henderson sense
  2. 2 Whether the Second Action is duplicitous (same cause of action)
  3. 3 Whether the Second Action is frivolous or vexatious

Ratio Decidendi

The defendant failed to show the Second Action was an abuse of process or duplicitous: the cheques in question had not given rise to an accrued right of action at the time of the First Action because they were not dishonoured until presented on their due dates; the First and Second Actions assert distinct causes and remedies and need not be struck out; a joint trial is appropriate and proportionate under the Civil Justice Reform; appeal dismissed and master's directions upheld.

Court Disposition

Appeal dismissed; master's decision dated 5 March 2013 upheld.

Orders

  • Defendant's appeal dismissed and Master Ho's dismissal of the defendant's strike out application upheld
  • Master Ho's directions for a joint trial of DCCJ 2136/2012 and DCCJ 3493/2012 upheld (trial fixed to commence 10 May 2013 with 13-15 May 2013 reserved)