Hong Kong Case Law: Decisions & Judgments

Topic

Consolidation/trial together

Legal area

Court

4 Oct 2023

HUNDRED GAIN INTERNATIONAL HOLDING LTD v. CHENG MEI HOLDINGS LTD (RECEIVERS AND MANAGERS APPOINTED) AND OTHERS

Citation

[2023] HKCFI 2496
Court

Court of First Instance
Case number

HCA502/2023

The Court refused to accede to the 3rd defendant's application at this stage because pleadings in the HG Property Action (including any joinder of Goldstone) were not closed, preventing the Court from identifying the actual issues and witnesses and assessing whether a trial together or consolidation would be proper and expedient; the correct course is to determine the application after close of pleadings at the Case Management Summons hearing, with specific procedural directions given in the Order.
28 Jan 2022

LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased (suing on behalf of herself and all other shareholders in the 5th defendant other than the 1st to 3rd defendants) v. LIU DAN AND OTHERS

Citation

[2022] HKCFI 339
Court

Court of First Instance
Case number

HCA175/2018

The court found a substantial overlap of underlying factual and legal issues (beneficial ownership of disputed shares, nominee arrangements, identity of foreign investor, and the relationships among Winston, Liu and Xing), a substantial overlap of key parties and witnesses, no convincing evidence that consolidation was premature or would create an unmanageable conflict, and therefore ordered the four actions to be tried together to save costs, avoid inconsistent findings and streamline evidence.
28 Jan 2022

LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased v. LIU DAN AND ANOTHER

Citation

[2022] HKCFI 339
Court

Court of First Instance
Case number

HCA1537/2019

The court found a substantial overlap of the real issues (beneficial ownership, nominee arrangements, source of investment and relationships among key protagonists) and a substantial overlap of parties and witnesses; consolidation was not premature given pleadings and witness affirmations already filed; no real conflict of interest or unfair prejudice demonstrated; therefore summary order to try the four actions together was justified as sound case management to save time and costs and avoid inconsistent findings.

Hong Kong Case Law

HUNDRED GAIN INTERNATIONAL HOLDING LTD v. CHENG MEI HOLDINGS LTD (RECEIVERS AND MANAGERS APPOINTED) AND OTHERS

LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased (suing on behalf of herself and all other shareholders in the 5th defendant other than the 1st to 3rd defendants) v. LIU DAN AND OTHERS

LONG HAI HONG (龍海紅) the administratrix of the estate of LEE SO WINSTON (李甦), deceased v. LIU DAN AND ANOTHER