Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Joinder under ecao s25a

  • 18 Apr 2016

    JIANG ZHONG v. UP CHEER LTD AND OTHERS

    Citation
    JIANG ZHONG v. UP CHEER LTD AND OTHERS
    Court
    District Court
    Case number
    DCPI2047/2011

    Given the Fund Board's broad joinder and pleadings which required strict proof against both named employers and the Fund Board's risk of payment under the ECAO, the court exercised its discretion under the District Court Ordinance and Order 62 to vary the costs nisi: the Fund Board is jointly and severally liable for Jiang's costs in both the EC and PI actions and may recover from Yeung and Up Cheer respectively; separately, the Fund Board's costs in the EC Action are payable by Yeung alone; execution against the Fund Board is stayed for three months to allow recovery from Yeung and Up Cheer.

  • 18 Apr 2016

    JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS

    Citation
    JIANG ZHONG v. YEUNG CHUN LEUNG formerly t/a DREAM HOME WORKSHOP AND OTHERS
    Court
    District Court
    Case number
    DCEC1267/2010

    Where the Fund Board joined proceedings under s25A(b) but took an adversarial position in pleadings and did not confine its case to an absent co-defendant, the court, exercising its wide discretion under s53 and Order 62, may order the Fund Board jointly and severally liable for the successful plaintiff's costs; the court varied the costs nisi accordingly and ordered ancillary directions including allocation of the Fund Board's EC Action costs to Yeung and a limited stay of execution to permit recovery from the primary defendants.