Hong Kong Case Law: Decisions & Judgments

Topic

Order 15 rule 4

Legal area

Court

9 Nov 2022

LEUNG KAM SING v. LEE KEI MACHINERY & ENGINEERING LTD

Citation

[2022] HKDC 1267
Court

District Court
Case number

DCEC399/2022

Joinder allowed: the court found applicant had a reasonable excuse under s.14(4) ECO (unsophisticated worker, genuinely believed respondent was employer, short delay under three months, need for legal aid solicitors' verification) and there was no prejudice to ICL; additionally the requirements of Order 15 r4 were satisfied because the claim against ICL arose out of the same accident and common issues of law or fact would arise at trial.
6 Apr 2000

BEHRENS NG MO CHEE CINDY AND OTHERS v. CREDIT WORLD LTD.

Citation

BEHRENS NG MO CHEE CINDY AND OTHERS v. CREDIT WORLD LTD.
Court

Court of Appeal
Case number

CACV33/2000

The Court held there are common questions of fact and law (implied representations, legal effect of the Deed of Mutual Covenant and common transaction facts) that require identical investigation and that the deputy judge properly exercised his discretion to refuse the defendant's application; consequently the appeal was dismissed.
14 Jan 2000

BEHRENS NG MO CHEE CINDY AND OTHERS v. CREDIT WORLD LTD.

Citation

BEHRENS NG MO CHEE CINDY AND OTHERS v. CREDIT WORLD LTD.
Court

Court of First Instance
Case number

HCA4404/1999

The court held that the plaintiffs satisfied the joinder test under Order 15 rule 4 because there existed a common question of law and fact—principally whether the model, brochure, price, physical features (dividing walls, taps, design) and conduct of the vendor implied a representation of exclusive use—and the ten transactions arose from the same series of transactions warranting largely identical investigation; minor differences in alleged oral representations did not justify severance and prejudice to the defendant was speculative; accordingly the defendant's application to strike out/seve…

Hong Kong Case Law

LEUNG KAM SING v. LEE KEI MACHINERY & ENGINEERING LTD

BEHRENS NG MO CHEE CINDY AND OTHERS v. CREDIT WORLD LTD.

BEHRENS NG MO CHEE CINDY AND OTHERS v. CREDIT WORLD LTD.