9 Mar 2015
HO KWOK WAI AND ANOTHER v. 陳雲
- Citation
- HO KWOK WAI AND ANOTHER v. 陳雲
- Court
- District Court
- Case number
- DCCJ955/2013
The court found that, although not clearly pleaded, a properly amended counterclaim could claim damages or relief tied to half the property's value which would exceed the District Court's monetary jurisdiction (thus meeting s41(3) DCO), and that there was substantial factual and legal overlap with the High Court action such that transfer to the Court of First Instance (and hearing the matters together or consolidated) would save costs and time; accordingly the action is to be transferred.
- District court jurisdiction
- Transfer to court of first instance
- Consolidation and consolidation criteria
- Counterclaim valuation
- Costs order