Hong Kong Case Law: Decisions & Judgments

Topic

Cause and seat of fire

Legal area

Court

4 Jan 2002

NEW ATAMI FASHION AGENCY (H.K.) CORP. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

NEW ATAMI FASHION AGENCY (H.K.) CORP. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA9778/2000

Refusal to order a standalone preliminary trial on the cause and seat of the fire because it would not be determinative, would likely not save time or costs, would require witnesses to give evidence twice, and could cause delay via appeals; however, a split trial of liability and quantum is just and convenient and is ordered.
4 Jan 2002

MAXIM TRADING CO. AND OTHERS v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

MAXIM TRADING CO. AND OTHERS v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA5154/2001

The court rejected an order for a separate preliminary issue on the cause and seat of the fire because the proposed preliminary trial would not be determinative of liability, would likely not save substantial time or costs, would require repetition of witness evidence at subsequent trials, and could lead to delays from appeals; however the court found it just and convenient to order a split trial between issues of liability and quantum and directed parties to be heard on directions to ensure a just, speedy and economical disposal of liability issues.
4 Jan 2002

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA17003/1998

The court refused the applicants' request for a separate preliminary trial on the cause and seat of the fire because it would not be determinative of liability, was unlikely to save substantial time or costs, would require witnesses to give evidence twice and might lead to delay through appeals; however, the court ordered a split trial of liability and quantum as just and convenient.
4 Jan 2002

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA7987/1997

The court held that ordering a preliminary trial solely on the cause and seat of the fire was not just and convenient because it would not be determinative of liability, would likely duplicate witness and expert evidence, risk delay from appeals, and would not produce substantial savings in time or costs. However, the court found it just and convenient to order a split trial separating liability from quantum and directed further directions to ensure a just, speedy and economical disposal of liability issues.
4 Jan 2002

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA13109/1997

The court refused the application for a standalone preliminary trial on the cause and seat of the fire because such a trial would not be determinative of liability, would not yield substantial saving of time or costs, would require witnesses (lay and expert) to give evidence at multiple hearings, and would risk delay through appeals; however the court ordered a split trial of liability and quantum as just and convenient to ensure efficient disposition of the matters.
4 Jan 2002

CHOW SANG SANG JEWELLERY CO. LTD. AND OTHERS v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

CHOW SANG SANG JEWELLERY CO. LTD. AND OTHERS v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA2504/2001

The judge refused the application to try a preliminary issue on the cause and seat of the fire because it would not be determinative of liability, would not produce substantial savings in time or costs, would require witnesses to give evidence at separate trials and risk delay from appeals; however the court granted a split trial between liability and quantum as just and convenient.
4 Jan 2002

NG KWOK HUNG v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

NG KWOK HUNG v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA2355/2001

The court refused the plaintiffs' application for a standalone preliminary trial on the cause and seat of the fire because it would not be determinative of liability, would likely require witnesses to give evidence twice, risk delay from appeals, and would not produce substantial savings in time or costs; however the court found it just and convenient to order a split trial separating liability and quantum and directed further interlocutory directions to ensure just, speedy and economical disposal.
4 Jan 2002

LAM SHUN KIT AND ANOTHER v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

LAM SHUN KIT AND ANOTHER v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA9341/2000

The court refused the application to try a preliminary issue on the cause and seat of the fire because it would not be determinative of liability, would not substantially save time or costs, would require witnesses and experts to repeat evidence, and would risk delay from appeals; however the court found it just and convenient to order a split trial separating liability and quantum of damages.
4 Jan 2002

RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS v. THE INCORPORATED OWNERS OF GARLEY BUILDING (NATHAN ROAD) AND OTHERS

Citation

RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS v. THE INCORPORATED OWNERS OF GARLEY BUILDING (NATHAN ROAD) AND OTHERS
Court

Court of First Instance
Case number

HCA2210/2001

The application to try a preliminary issue on the cause and seat of the fire was refused because the court was not persuaded there would be substantial saving of time or costs, the preliminary issue would not be determinative of liability, witnesses would likely have to give evidence twice, and the potential for appeals would cause delay; however the court ordered a split trial separating liability and quantum as just and convenient for case management.
4 Jan 2002

PACIFIC LINK COMMUNICATIONS LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

PACIFIC LINK COMMUNICATIONS LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA13226/1999

The court refused the application to try the cause and seat of the fire as a preliminary issue because it would not be determinative of liability, would not produce substantial savings in time or costs, would necessitate witnesses returning to give evidence at subsequent trials and would risk delay from appeals. The court did, however, order a split trial between liability and quantum as just and convenient to ensure a just, speedy and economical disposal of liability issues.