28 May 2015
AU YEUNG WAN AND ANOTHER v. TSUI SAU YING AND ANOTHER
- Citation
- AU YEUNG WAN AND ANOTHER v. TSUI SAU YING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA484/2010
O.16 r.1(2) requires leave where a defendant issues a third party notice after serving a defence when the action was begun by writ; the court must give effect to the clear statutory text and the notices issued by the 1st defendant without leave are set aside. An application for leave must follow O.16 r.2(1) procedures (ex parte application supported by affidavit). The defendants' application for an order for non-party costs against the former 2nd plaintiff was dismissed as misconceived and addressed by the costs rules (O.62).