CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS

CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS

There was no good reason for the Master to grant the 12‑month renewal because the plaintiffs failed to disclose timing evidence showing they could not have validly served the writ within its original period; consequently the renewal was discharged and the service set aside.

Citation
CHOW CHING MAN AND SEVEN OTHERS v. SUN WAH ORNAMENT MANUFACTORY LTD. AND EIGHTEEN OTHERS
Parties
Plaintiffs: Chow Ching Man and Seven Others; Defendants: First, Second, Third, Seventh, Eleventh, Sixteenth, Seventeenth, Eighteenth and Nineteenth Defendants; Defendants: Fifth, Sixth and Eighth Defendants; Defendant: Tenth Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 September 1995
Case Number
HCA9616/1993
Procedural Posture
Personal Injury / Tort / Application to Discharge Renewal of Writ and to Set Aside Service (inter Partes Hearing Before High Court)
Outcome
Order of the Master granting a 12‑month renewal discharged; service of the writ on the defendants set aside; costs to defendants (order nisi).
Legal Topics
Extension of Validity of Writ, Service of Process, Good Reason Test, Balance of Hardship
Source Language
EN
Civil Procedure Limitation of Actions Tort Personal Injury Extension of Validity of Writ Service of Process Good Reason Test Balance of Hardship

Case Brief

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Parties

Chow Ching Man and Seven Others

Plaintiffs

First, Second, Third, Seventh, Eleventh, Sixteenth, Seventeenth, Eighteenth and Nineteenth Defendants

Defendants

Fifth, Sixth and Eighth Defendants

Defendants

Tenth Defendant

Defendant

Procedural Posture

Personal Injury / Tort / Application to Discharge Renewal of Writ and to Set Aside Service (inter Partes Hearing Before High Court)

Legal Issues

  1. 1 Whether there was 'good reason' to extend the validity of the writ under Order 6 rule 8
  2. 2 Whether service of the writ was valid given the extension granted by the Master
  3. 3 Whether the Master erred in granting the ex parte renewal in the absence of sufficient evidence of need

Ratio Decidendi

There was no good reason for the Master to grant the 12‑month renewal because the plaintiffs failed to disclose timing evidence showing they could not have validly served the writ within its original period; consequently the renewal was discharged and the service set aside.

Court Disposition

Order of the Master granting a 12‑month renewal discharged; service of the writ on the defendants set aside; costs to defendants (order nisi).

Orders

  • Order of the Master allowing 12‑month renewal discharged
  • Service of the writ on the defendants set aside