28 Aug 2024
Default judgment was refused and the summons dismissed because KK (or his estate), who is jointly entitled to the relief sought, has not been joined and joinder is mandatory and necessary under O15 r4(2) and O15 r6(2)(b)(i); the action was not properly constituted and the court declined to exercise its discretion to grant default judgment.
18 Jun 2021
The Court held the proceedings were properly brought against the partnership Tai Dou and the named partners were liable by virtue of their capacity as partners under partnership law; contravention of the first conduct rule is remedial and enforced by the Tribunal under the Ordinance (not a domestic criminal offence requiring mens rea), non-joinder of other partners did not invalidate the proceedings, and the appeal against liability was dismissed.
17 Aug 2018
Notice of Application not struck out for first occasion non‑compliance with Practice Direction; management committee cannot be sued as separate entity from the incorporated owners and individual members need not be joined where no personal relief against them is sought; sections C4 and C5 are properly pleaded as examples of IO’s inability to perform duties and are within Lands Tribunal jurisdiction to determine dissolution under s.31 BMO; transfer to Court of First Instance refused because the remedy sought is statutory and properly before the Lands Tribunal; unless order refused and further…
20 May 2015
Proceedings were not a nullity; Chan Wai Man must cease to be defendant under O 15 r 6(2)(a) and the personal representative of Chan Yim Mei, deceased, is to be substituted under O 15 r 6A(1); the plaintiff's summons is adjourned sine die with liberty to restore; no order as to costs is made against Chan Wai Man despite her failure to notify the plaintiff because the court chose to send a clear message about conduct contrary to the CJR but did not award costs in her favour.
6 Jul 2011
The Court dismissed the appeal: the 2003 Deed and related agreements bound KWT because Madam Liu had acquiesced or authorized Tang Jr to act as manager and the head of the sole fong (Tang Jr) could be taken to represent unanimous member consent; LT managers did not fail in due diligence in relying on the documents and distributions made; moreover, deliberate non-joinder of Tang Sr's estate justified refusal of equitable relief, so declarations and injunctions were denied.