TANG ANDY v. CHAN TIN CHOI AND OTHERS

TANG ANDY v. CHAN TIN CHOI AND OTHERS

Because the 8th defendant filed a defence and counterclaim before being validly joined she had no locus and those pleadings were liable to be struck out; costs were apportioned by the court's discretion: 1st defendant's costs for the discovery application to be costs in the cause and no order between plaintiff and the 2nd,3rd,6th and 7th defendants; the 8th defendant must pay the plaintiff's costs of the striking-out and her defective first joinder application, agreed at HK$57,000 payable within 28 days; costs of the later (agreed) joinder are in the cause.

Citation
TANG ANDY v. CHAN TIN CHOI AND OTHERS
Parties
Plaintiff: Tang Andy; 1st Defendant: Chan Tin Choi (陳天才); 2nd Defendant: Chiu Yuk Lan (趙玉蘭); 3rd Defendant: Siu Tai On; 6th Defendant: Chiu Yuk Ping (趙玉萍); 7th Defendant: Ho Chi Kwong trading as 合時海產批發; 8th Defendant: Siu Yuk Fong (趙玉萍)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 July 2017
Case Number
DCCJ2814/2015
Procedural Posture
Civil Action / Costs Hearing/decision Arising From Applications for Discovery, Striking Out and Joinder
Outcome
Three summonses disposed by consent; costs determined: 8th defendant liable for plaintiff's agreed costs of HK$57,000 for striking-out and defective joinder; 1st defendant costs in the cause for discovery application; no order as to costs between plaintiff and 2nd,3rd,6th,7th defendants; costs of the later joinder...
Legal Topics
Specific Discovery, Striking Out Defence and Counterclaim, Joinder, Costs Assessment, Procedural Irregularity, Locus to Plead
Source Language
EN
Civil Procedure Costs Litigation Joinder and Locus Standi Discovery Striking Out Specific Discovery Striking Out Defence and Counterclaim Joinder +3 more

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Parties

Tang Andy

Plaintiff

Chan Tin Choi (陳天才)

1st Defendant

Chiu Yuk Lan (趙玉蘭)

2nd Defendant

Siu Tai On

3rd Defendant

Chiu Yuk Ping (趙玉萍)

6th Defendant

Ho Chi Kwong trading as 合時海產批發

7th Defendant

Siu Yuk Fong (趙玉萍)

8th Defendant

Procedural Posture

Civil Action / Costs Hearing/decision Arising From Applications for Discovery, Striking Out and Joinder

Legal Issues

  1. 1 Whether the plaintiff's specific discovery application remained necessary after amendments to defences
  2. 2 Which parties should be ordered to pay costs of the specific discovery application
  3. 3 Whether the 8th defendant's defence and counterclaim filed before joinder should be struck out for lack of locus

Ratio Decidendi

Because the 8th defendant filed a defence and counterclaim before being validly joined she had no locus and those pleadings were liable to be struck out; costs were apportioned by the court's discretion: 1st defendant's costs for the discovery application to be costs in the cause and no order between plaintiff and the 2nd,3rd,6th and 7th defendants; the 8th defendant must pay the plaintiff's costs of the striking-out and her defective first joinder application, agreed at HK$57,000 payable within 28 days; costs of the later (agreed) joinder are in the cause.

Court Disposition

Three summonses disposed by consent; costs determined: 8th defendant liable for plaintiff's agreed costs of HK$57,000 for striking-out and defective joinder; 1st defendant costs in the cause for discovery application; no order as to costs between plaintiff and 2nd,3rd,6th,7th defendants; costs of the later joinder...

Orders

  • The 8th defendant's defence and counterclaim filed on 28 July 2016 are struck out as filed without locus
  • The 1st defendant's costs of the plaintiff's specific discovery application to be costs in the cause