Hong Kong Case Law: Decisions & Judgments

Topic

Order 15 rule 6

Legal area

Court

8 Sept 2020

VER, ROGER KEITH v. OKEX FINTECH CO LTD (formerly known as KIND CASTLE TRADING LTD) AND ANOTHER

Citation

[2020] HKCFI 2335
Court

Court of First Instance
Case number

HCA2439/2016

None of the defendants' grounds for leave to appeal were arguable: the fraud/deceit point did not negate the contract gateway for service out; there was a live lis between plaintiff and D1 revived on grant of conditional leave to defend (therefore service out was appropriately reconsidered); D2 is a necessary and proper party because the forgery dispute affects the contractual claim; the defendants' undertaking did not amount to a binding written admission under Order 27. Consequently leave to appeal was refused and the defendants' summons dismissed with costs.
30 Sept 2013

CHONG KAI MAN v. KWAN YAU HANG AND ANOTHER

Citation

CHONG KAI MAN v. KWAN YAU HANG AND ANOTHER
Court

Court of First Instance
Case number

HCA1298/2011

The court refused to join the Kam Lan Koon because its asserted interests were consequential to, not directly part of, the limited title dispute before the court; joining it would materially expand the scope, delay and increase costs of the litigation, and the plaintiff's undertaking to omit demolition relief further removed any necessity to join the Koon, which can pursue separate proceedings if needed.
8 May 2009

WONG KI v. CHAN LAI KUN formerly t/a MOON SHING ENGINEERING CO AND OTHERS

Citation

WONG KI v. CHAN LAI KUN formerly t/a MOON SHING ENGINEERING CO AND OTHERS
Court

District Court
Case number

DCEC835/2007

BOC was properly joined and had a direct interest; the court determined the common issues in favour of the Applicant and BOC and against Moon Shing and Wong Tung Sing; having succeeded on those issues BOC is entitled to its costs, and the costs order nisi is therefore varied to require Moon Shing and Wong Tung Sing to bear BOC's costs jointly and severally.
8 May 2009

WONG KI v. CHAN LAI KUN formerly t/a MOON SHING ENGINEERING CO AND OTHERS

Citation

WONG KI v. CHAN LAI KUN formerly t/a MOON SHING ENGINEERING CO AND OTHERS
Court

District Court
Case number

DCEC74/2008

Because BOC was properly joined, had a direct interest, and the court determined the common issues in its favour affecting BOC's liability, BOC was entitled to its costs against Moon Shing and TS; the costs order nisi was varied to make Moon Shing and TS jointly and severally liable for BOC's costs, taxed if not agreed, with certificate for counsel.
11 Jul 2006

BOWARDLEY ENTERPRISES LTD AND ANOTHER v. MILLENNIUM GROUP LTD

Citation

BOWARDLEY ENTERPRISES LTD AND ANOTHER v. MILLENNIUM GROUP LTD
Court

Court of Appeal
Case number

CACV242/2005

The Court held Lim Ban Thoon was not decided per incuriam and remains binding; applying the purposive interpretation of section 35(3) in context of the rules of court, the relevant time for limitation is the date the application to amend is filed (the summons), not the date the court grants leave or the amendment is engrossed, and therefore the judge was entitled to allow the amendment; Order 15 r.6(6)(a) did not apply to these facts.
25 Jan 2000

THE INCORPORATED OWNERS OF REPULSE BAY TOWER v. THOMAS LING & VICTOR CHAN t/a LING CHAN & PARTNERS

Citation

THE INCORPORATED OWNERS OF REPULSE BAY TOWER v. THOMAS LING & VICTOR CHAN t/a LING CHAN & PARTNERS
Court

Court of First Instance
Case number

HCCT100/1999

The application to substitute or strike out parties under Order 15 r.6 was refused because the competing claims about the identity of the contracting party and alleged novation are factual issues requiring discovery, evidence and cross-examination and are therefore not suitable for final determination in interlocutory proceedings; the plaintiff is entitled to have those factual issues tried.

Hong Kong Case Law

VER, ROGER KEITH v. OKEX FINTECH CO LTD (formerly known as KIND CASTLE TRADING LTD) AND ANOTHER

CHONG KAI MAN v. KWAN YAU HANG AND ANOTHER

WONG KI v. CHAN LAI KUN formerly t/a MOON SHING ENGINEERING CO AND OTHERS

WONG KI v. CHAN LAI KUN formerly t/a MOON SHING ENGINEERING CO AND OTHERS

BOWARDLEY ENTERPRISES LTD AND ANOTHER v. MILLENNIUM GROUP LTD

THE INCORPORATED OWNERS OF REPULSE BAY TOWER v. THOMAS LING & VICTOR CHAN t/a LING CHAN & PARTNERS