Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Preliminary issues / split trial
  • 9 Jun 2010

    CHU WAI CHUN JACKIE v. LAM SIU KEI

    Citation
    CHU WAI CHUN JACKIE v. LAM SIU KEI
    Court
    Court of First Instance
    Case number
    HCAP3/2009

    The appeal was dismissed because (1) a challenge to parentage in probate is not equivalent to the authority-to-sue challenges addressed in the company authority cases (eg Foshan Hongda and Russian Commercial & Industrial Bank) and therefore may be pleaded as a defence rather than requiring an early preliminary determination; and (2) on case management grounds, given the parties' preparedness, the costs and risk of duplicative trials and appeals, it was appropriate to refuse an Order 33 split trial and proceed to trial of all issues together.