CONVOY GLOBAL HOLDINGS LTD AND OTHERS v. CHO KWAI CHEE ROY AND OTHERS

Leave to appeal was granted because the plaintiffs had already instituted an appeal that would necessarily require the Court of Appeal to assess the judge's earlier interlocutory ruling; permitting the 26th defendant to appeal allows the appellate court to review the decision in context, avoids artificial restriction, and enables efficient resolution; costs of the leave application were ordered in the cause and the 26th defendant was granted an extension of time to serve his defence until 28 days after the Court of Appeal delivers its decision.

Citation: [2018] HKCFI 2675
Parties: 1st Plaintiff: CONVOY GLOBAL HOLDINGS LIMITED; 2nd Plaintiff: CONVOY COLLATERAL LIMITED; 3rd Plaintiff: CSL SECURITIES LIMITED; 1st Defendant: CHO KWAI CHEE ROY; 2nd Defendant: WONG LEE MAN QUINCY; 3rd Defendant: MAK KWONG YIU MARK; 4th Defendant: YAN YE KAI BYRON; 5th Defendant: FONG SUT SAM ROSETTA; 6th Defendant: LAM CHI KEUNG; 7th Defendant: MA YIU HO PETER; 8th Defendant: CHAN NGAI SANG KENNY; 9th Defendant: NG MEN KIT BILLY; 10th Defendant: LEE DEREK HO YIN; 11th Defendant: CHAN LAI YEE CHRISTIE; 12th Defendant: POON HOR YEE AMY; 13th Defendant (discontinued): MA CHUN MING; 14th Defendant (discontinued): CHAN SZE LOON ALFRED; 15th Defendant: HON SIU HONG; 16th Defendant: LAM CHI YUNG PAUL; 17th Defendant (discontinued): WONG MAN SEK; 18th Defendant: NG YAO KWOK; 19th Defendant: CHAN WANG FAI ANDY; 20th Defendant: CHEUNG WAN HUNG GILBERT; 21st Defendant: LING KOON WAH; 22nd Defendant: EVER ROBUST HOLDINGS LIMITED; 23rd Defendant: CHINA GREEN (HOLDINGS) LIMITED; 24th Defendant: CLASSICTIME INVESTMENTS LIMITED; 25th Defendant: FASTEK INVESTMENTS LIMITED; 26th Defendant: CHO KWAI YEE KEVIN; 27th Defendant: KWOK HIU KWAN; 28th Defendant: CHEN PEI XIONG; 29th Defendant: HUI KA WAH RONNIE; 30th Defendant: ATHENA POWER LIMITED; 31st Defendant: CAPITAL MATE LIMITED; 32nd Defendant: CHINA DYNAMIC ENTERPRISES LIMITED; 33rd Defendant: LUSTER WEALTH LIMITED; 34th Defendant: PERFECT GROWTH LIMITED; 35th Defendant: TOWN HEALTH CORPORATE ADVISORY AND INVESTMENTS LIMITED; 36th Defendant: CHAN KA CHUNG; 37th Defendant: LIN CHEUK FUNG; 38th Defendant: LING WAI HOI; 39th Defendant: POON CHUN YIN; 40th Defendant: CHOI CHEE MING
Court: Court of First Instance
Jurisdiction: Hong Kong
Judgment Date: 28 November 2018
Case Number: HCA2922/2017
Procedural Posture: Action No 2922 of 2017 (civil) / Application for Leave to Appeal Following Interlocutory Strike Out Decision; Extension of Time for Service Sought
Outcome: Leave to appeal granted to the 26th defendant; costs of the leave application ordered in the cause; extension of time for service of the 26th defendant's defence granted until 28 days after the Court of Appeal decision.
Legal Topics: Strike Out, Leave to Appeal, Extension of Time for Service, Circular Financing Arrangement, Costs in the Cause
Source Language: EN

Civil Procedure Appeal Company/corporate Law Strike Out Leave to Appeal Extension of Time for Service Circular Financing Arrangement Costs in the Cause

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Parties

CONVOY GLOBAL HOLDINGS LIMITED

1st Plaintiff

CONVOY COLLATERAL LIMITED

2nd Plaintiff

CSL SECURITIES LIMITED

3rd Plaintiff

CHO KWAI CHEE ROY

1st Defendant

WONG LEE MAN QUINCY

2nd Defendant

MAK KWONG YIU MARK

3rd Defendant

YAN YE KAI BYRON

4th Defendant

FONG SUT SAM ROSETTA

5th Defendant

LAM CHI KEUNG

6th Defendant

MA YIU HO PETER

7th Defendant

CHAN NGAI SANG KENNY

8th Defendant

NG MEN KIT BILLY

9th Defendant

LEE DEREK HO YIN

10th Defendant

CHAN LAI YEE CHRISTIE

11th Defendant

POON HOR YEE AMY

12th Defendant

MA CHUN MING

13th Defendant (discontinued)

CHAN SZE LOON ALFRED

14th Defendant (discontinued)

HON SIU HONG

15th Defendant

LAM CHI YUNG PAUL

16th Defendant

WONG MAN SEK

17th Defendant (discontinued)

NG YAO KWOK

18th Defendant

CHAN WANG FAI ANDY

19th Defendant

CHEUNG WAN HUNG GILBERT

20th Defendant

LING KOON WAH

21st Defendant

EVER ROBUST HOLDINGS LIMITED

22nd Defendant

CHINA GREEN (HOLDINGS) LIMITED

23rd Defendant

CLASSICTIME INVESTMENTS LIMITED

24th Defendant

FASTEK INVESTMENTS LIMITED

25th Defendant

CHO KWAI YEE KEVIN

26th Defendant

KWOK HIU KWAN

27th Defendant

CHEN PEI XIONG

28th Defendant

HUI KA WAH RONNIE

29th Defendant

ATHENA POWER LIMITED

30th Defendant

CAPITAL MATE LIMITED

31st Defendant

CHINA DYNAMIC ENTERPRISES LIMITED

32nd Defendant

LUSTER WEALTH LIMITED

33rd Defendant

PERFECT GROWTH LIMITED

34th Defendant

TOWN HEALTH CORPORATE ADVISORY AND INVESTMENTS LIMITED

35th Defendant

CHAN KA CHUNG

36th Defendant

LIN CHEUK FUNG

37th Defendant

LING WAI HOI

38th Defendant

POON CHUN YIN

39th Defendant

CHOI CHEE MING

40th Defendant

Procedural Posture

Action No 2922 of 2017 (civil) / Application for Leave to Appeal Following Interlocutory Strike Out Decision; Extension of Time for Service Sought

Legal Issues

1 Whether leave to appeal should be granted to the 26th defendant
2 Whether the Court of Appeal should have the opportunity to review the interlocutory strike out of the 'Circular Financing Arrangement' claim
3 Whether costs of the leave application should be in the cause

Ratio Decidendi

Court Disposition

Leave to appeal granted to the 26th defendant; costs of the leave application ordered in the cause; extension of time for service of the 26th defendant's defence granted until 28 days after the Court of Appeal decision.

Orders

Leave to appeal granted to the 26th defendant
Costs of this application to be in the cause of the appeal