7 Oct 2020
THE YIN NIN SAVINGS MORTGAGE LOAN & LAND INVESTMENT CO LTD AND ANOTHER v. OCCUPIER(S) OF PREMISES (save and except the 2nd Defendant to the 9th Defendant) AND OTHERS
- Citation
- [2020] HKCFI 2594
- Court
- Court of First Instance
- Case number
- HCMP1739/2003
The appeal is allowed: the Amendment Order of 27 May 2019, which purported to amend the Consent Order to grant express leave for separate representation, was wrongly made and is set aside. Separate representation for co-plaintiffs is disfavoured and requires exceptional justification and full inter partes consideration; the Master erred by treating the matter as already decided ex parte and not re-hearing the issue when objections were raised. The question of the 2nd Plaintiff's locus and any exceptional justification must be reconsidered by a master after further submissions and evidence.