5 Oct 2005
THE HONG KONG HOUSING AUTHORITY v. HSIN YIEH ARCHITECTS & ASSOCIATES LTD AND OTHERS
- Citation
- THE HONG KONG HOUSING AUTHORITY v. HSIN YIEH ARCHITECTS & ASSOCIATES LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV85/2005
Leave under Order 11 r.1(1)(c) does not require the plaintiff to plead a separate cause of action against the foreign person; where a foreign person is a necessary or proper party ancillary to a valid domestic cause of action and there is a serious question to be tried, the court may grant leave to serve out and join that person so that, under Hong Kong law (noting s.52A), a costs order may be made against a party; accordingly the judge's order granting leave to join and serve AXA was proper and the appeal was dismissed.