香港平民屋宇有限公司 對 黃錫添

香港平民屋宇有限公司 對 黃錫添

The application to be joined was dismissed because the applicant failed to demonstrate a bona fide and independent possession interest in the unit under Order 15, was not a party to the settlement, and joinder would increase rather than prevent multiplicity of proceedings; costs were awarded against the applicant.

Source-derived case information.

Citation
[2025] HKDC 143
Parties
Plaintiff: THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED (香港平民屋宇有限公司); Defendant: WONG SEK TIM (黃錫添); Applicant (proposed Second Defendant): 黃浩賢
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 January 2025
Case Number
DCCJ5579/2023
Procedural Posture
Landlord and Tenant Possession Claim / Application to Be Joined as Second Defendant; Hearing and Decision
Outcome
Application to be joined as second defendant dismissed
Legal Topics
Joinder of Parties (order 15), Possession Claim, Costs
Source Language
ch
Civil Procedure Landlord and Tenant Property Joinder of Parties (order 15) Possession Claim Costs

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Parties

THE HONG KONG SETTLERS HOUSING CORPORATION LIMITED (香港平民屋宇有限公司)

Plaintiff

WONG SEK TIM (黃錫添)

Defendant

黃浩賢

Applicant (proposed Second Defendant)

Procedural Posture

Landlord and Tenant Possession Claim / Application to Be Joined as Second Defendant; Hearing and Decision

  1. 1 Whether applicant has a bona fide and independent possession interest sufficient for joinder under Order 15
  2. 2 Whether joining the applicant would prevent or cause multiplicity of proceedings
  3. 3 Whether applicant's delay, lack of status and lack of evidence disentitle him to relief

Ratio Decidendi

The application to be joined was dismissed because the applicant failed to demonstrate a bona fide and independent possession interest in the unit under Order 15, was not a party to the settlement, and joinder would increase rather than prevent multiplicity of proceedings; costs were awarded against the applicant.

Court Disposition

Application to be joined as second defendant dismissed

Orders

  • Application by 黃浩賢 dated 9 December 2024 to be joined as second defendant is dismissed.
  • 黃浩賢 must pay the plaintiff's costs within 1 month.