Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedural convenience

  • 3 Dec 2018

    A v. 林守光

    Citation
    [2018] HKDC 1552
    Court
    District Court
    Case number
    DCEO11/2018

    The counterclaim was struck out because there was no procedural convenience in trying the defamation counterclaim with the sexual harassment claim given distinct causes of action and different legal elements; the defamation pleading lacked material particulars as to words, meaning and publications and therefore risked prejudice, embarrassment and delay to the fair trial of the claimant's ready-to-trial harassment claim; respondent may commence a fresh action if so advised.

  • 7 Jul 2017

    KOSON MACHINERY CO LTD v. MILLION HOPE INDUSTRIES LTD

    Citation
    KOSON MACHINERY CO LTD v. MILLION HOPE INDUSTRIES LTD
    Court
    District Court
    Case number
    DCCJ2635/2016

    The February 2014 agreement and its claims were not so closely connected to the November and December 2013 agreements as to attract equitable set-off given different site, different subcontractor and the fatal accident and overlapping High Court proceedings; the defendant conceded by agreeing to delete the disputed parts which amounted to their withdrawal; plaintiff succeeded and was entitled to costs with a certificate for counsel of HK$54,000 payable within 28 days.

  • 13 Mar 2017

    KIUWIDE CO LTD v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS

    Citation
    KIUWIDE CO LTD v. THE SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LANDS
    Court
    Court of First Instance
    Case number
    HCMP253/2015

    The Master\'s order striking out the joinder of D2–D16 and the Government\'s counterclaim was rightly upheld: the court exercised its discretion under Order 15 r5(2) and concluded there was no procedural convenience in joining the additional defendants because the Government\'s case against them was contingent, unparticularised and premature, and joinder would unfairly prejudice and delay resolution of the plaintiff\'s ready claim over the Purple Area; the Government can pursue separate proceedings and protective writs; appeal dismissed.