Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Risk of inconsistent findings

Legal area

Court

29 Aug 2013

WITTNER\'S AUSTRALIA PTY LTD AND ANOTHER v. KINGLAND CARGO (HK) CO., LTD

Citation

WITTNER\'S AUSTRALIA PTY LTD AND ANOTHER v. KINGLAND CARGO (HK) CO., LTD
Court

Court of First Instance
Case number

HCAJ143/2012

The court granted consolidation because both actions arise from the same transaction and share the central factual issue whether the cargoes were shipped on the vessel; consolidation is necessary to avoid duplication of time and costs and the risk of inconsistent findings, and the Owners' contention that Kingland had admitted loading was misconceived since Kingland's defence put the plaintiffs to proof.
8 May 1981

RE SING TAO NEWSPAPERS LTD

Citation

RE SING TAO NEWSPAPERS LTD
Court

Court of First Instance
Case number

HCMP792/1980

The court will order arbitration to proceed only absent a showing of strong cause on a balance of convenience by the party opposing arbitration; on the facts Hong Hua demonstrated strong cause — Sing Tao had taken substantive steps in California litigation, the bulk of evidence and parties were in California, there was a serious risk of inconsistent findings and multiplicity of proceedings — therefore the declarations seeking arbitration were refused, while the ancillary declaratory point about the identity of the Law Society officer was granted.