Hong Kong Case Law: Decisions & Judgments

Topic

Joinder of party

Legal area

Court

4 May 2017

SECURITIES AND FUTURES COMMISSION v. “C”AND OTHERS

Citation

SECURITIES AND FUTURES COMMISSION v. “C”AND OTHERS
Court

Court of First Instance
Case number

HCMP727/2008

Variation application dismissed. Court held China United failed to show a change of circumstances or good reason; application was substantially delayed; there is substantial evidence that Lu owned or had substantial control of the shares held in China United's name; and the SFC has an arguable case that China United was involved in Lu's insider dealing such that restoration orders under s213(2) SFO remain available. Accordingly the injunction should not be varied.
3 Dec 2012

SILVER HOPE LTD v. CHAN KWAI WAH ALICE

Citation

SILVER HOPE LTD v. CHAN KWAI WAH ALICE
Court

Court of First Instance
Case number

HCMP82/2012

Applying a broad-brush summary assessment under Order 62 rule 9A RHC, the Registrar deducted parts of the claimed schedule (minor deduction from communication items and major deduction from professional work that related to substantive evidence) and awarded a round figure of $83,000 to the intended defendant as full costs for the application to join.
22 Jun 2010

WINFORD (HONG KONG) LTD v. RICACORP PROPERTIES LTD

Citation

WINFORD (HONG KONG) LTD v. RICACORP PROPERTIES LTD
Court

Court of First Instance
Case number

HCA2481/2008

The court refused all late applications because they were made too late, would disrupt the trial timetable and queue, and were contrary to the objectives of the Civil Justice reforms; accordingly joinder, amendments, expert evidence and supplemental statements were denied and the trial will proceed on existing pleadings with costs to the defendant for the hearing.
21 Mar 2007

WAAN CHUEN MING v. LUEN HING FAT COATING & FINISHING FACTORY LTD

Citation

WAAN CHUEN MING v. LUEN HING FAT COATING & FINISHING FACTORY LTD
Court

Court of First Instance
Case number

HCPI591/2003

The 3rd Defendant was validly joined and was entitled to remain in the action until it had Judge Lok's written reasons and to pursue appeals to the Court of Appeal; the Plaintiff's out‑of‑time appeal against the Master's 14 Oct 2004 costs order is dismissed; having lost at the Court of Appeal and been returned to the position as at 15 May 2005, justice requires no order for costs in respect of the summons removing the 3rd Defendant; costs up to issue of the summons remain costs in the cause and legal aid taxation is ordered for the Plaintiff's costs.
10 May 2002

LEE SHING HONG LTD. v. LEON KO AND ANOTHER

Citation

LEE SHING HONG LTD. v. LEON KO AND ANOTHER
Court

Court of First Instance
Case number

HCA1741/2002

There was a serious question to be tried on private nuisance and unlawful interference with business; on balance of convenience the court continued the ex parte injunction but limited its geographic scope to the interior and common areas of New World Tower (including lift lobbies) and excluded the pedestrian pavement/public street, and granted a new injunction against Greenpeace China in the same terms; costs follow the event (plaintiff's costs in the cause).
5 Dec 2001

DAW NYEIN AYE v. KONG CHUN SING t/a HOP HING SAW MILL

Citation

DAW NYEIN AYE v. KONG CHUN SING t/a HOP HING SAW MILL
Court

District Court
Case number

DCEC268/2000

The judge held that service at Fortune Navigation's Hong Kong offices and by personal service on its director Mr Kong was within the rules and sufficient to bring notice to the company, so service in Liberia and an application for substituted service were unnecessary.
8 Sept 1992

PANG WAI CHUNG v. HOI TAT RUBBER FACTORY (A FIRM)

Citation

PANG WAI CHUNG v. HOI TAT RUBBER FACTORY (A FIRM)
Court

Court of First Instance
Case number

HCA7634/1990

The appeal is dismissed because the insurers' contractual right to conduct the defence in the name of the employers ordinarily satisfies the requirements of natural justice and the insurers failed to show that joinder in their own name was necessary to afford them a fair opportunity to be heard; accordingly insurers were not entitled to be joined and lacked locus to set aside the default judgment in their own name at this stage.

Hong Kong Case Law

SECURITIES AND FUTURES COMMISSION v. “C”AND OTHERS

SILVER HOPE LTD v. CHAN KWAI WAH ALICE

WINFORD (HONG KONG) LTD v. RICACORP PROPERTIES LTD

WAAN CHUEN MING v. LUEN HING FAT COATING & FINISHING FACTORY LTD

LEE SHING HONG LTD. v. LEON KO AND ANOTHER

DAW NYEIN AYE v. KONG CHUN SING t/a HOP HING SAW MILL

PANG WAI CHUNG v. HOI TAT RUBBER FACTORY (A FIRM)