5 Jun 1987
SUN HUNG KAI BANK LTD AND ANOTHER v. CHAN PARK CHI
- Citation
- SUN HUNG KAI BANK LTD AND ANOTHER v. CHAN PARK CHI
- Court
- Court of Appeal
- Case number
- CACV165/1986
The court held that Order 15 rule 7(2) must be read with rule 2 so that substitution of an assignee as plaintiff applies only to the assigned claim; the defendant's counterclaim remains an independent action against the assignor and the proper order was to substitute STC for the Bank in relation to the claim while restoring the Bank as defendant to the counterclaim; the master's unqualified ex parte substitution was therefore improper to the extent it extinguished the counterclaim.