Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Consolidation/hearing together

Legal area

Court

2 Sept 2025

TIANRUI GROUP COMPANY LTD v. CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS

Citation

[2025] HKCFI 3893
Court

Court of First Instance
Case number

HCA1013/2023

The counterclaim in the Loan Action is not struck out: striking out as abuse of process was not justified because the claims are closely connected and only in a clear and obvious case should pleadings be struck out. The actions share substantial common questions and arise out of the same series of transactions (the alleged conspiracy and the Loans), and equitable set‑off principles and case management favour trial together. The court therefore ordered the Shareholders’ Dispute Action and the Loan Action to be heard together before the same judge (but declined formal consolidation). Costs were…
2 Sept 2025

CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. TIANRUI (INTERNATIONAL) HOLDING COMPANY LTD AND OTHERS

Citation

[2025] HKCFI 3893
Court

Court of First Instance
Case number

HCA548/2019

The counterclaim was not struck out because the duplication did not meet the high threshold for abuse of process and the counterclaim is closely connected to the Loan Action such that equitable set-off and efficient adjudication justify its retention; the two actions are to be heard together (same judge) rather than consolidated because hearing together avoids unnecessary costs and delay while allowing common issues to be determined jointly; costs of the interlocutory applications were awarded against Tianrui.