Hong Kong Case Law: Decisions & Judgments

Topic

Improper joinder

Legal area

Court

23 May 2017

CHI, DONG EUN v. L & A INTERNATIONAL HOLDINGS LTD AND OTHERS

Citation

CHI, DONG EUN v. L & A INTERNATIONAL HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW2/2017

The petition was dismissed because the petitioner lacked the requisite locus to present a winding up petition under s.179(1)(a)(ii) (he had not held the requisite shareholding for the statutory period) and the circumstances demonstrated a prima facie abuse of process; accordingly the petition must be struck out and costs awarded against the petitioner.
1 Feb 2017

TAM WING YUEN AND OTHERS v. SIBERIAN MINING GROUP CO LTD AND OTHERS

Citation

TAM WING YUEN AND OTHERS v. SIBERIAN MINING GROUP CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW392/2015

The amended petition was struck out because the petitioner failed to establish the jurisdictional criteria to wind up a foreign company in Hong Kong, alternative remedies were available and petitioner acted unreasonably and vexatiously by repeatedly litigating the same complaints; the petition disclosed no reasonable cause of action and the non-company respondents were improperly joined, justifying strike out and indemnity costs.
15 Feb 1982

PAUL MURRAY-JONES v. GUARDFORCE LTD AND OTHERS

Citation

PAUL MURRAY-JONES v. GUARDFORCE LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP1090/1981

The bank and its nominee subsidiary (2nd and 3rd respondents), which together control 51% of shares, were properly joined because the reliefs sought could operate against them; the four bank-employed directors (4th–7th) were improperly joined because they hold no shares and all reliefs sought (including removal as directors and sale/transfer of shares) could be obtained by orders directed at the company and the majority shareholders without personal orders against the directors, and therefore they were struck out despite the delay.
30 Oct 1970

NG MUI KWAI v. SIMCO LTD. AND ANOTHER

Citation

NG MUI KWAI v. SIMCO LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA563/1969

Both defendants were properly joined and are jointly and severally liable; the second defendant was negligent in striking the plaintiff at the uncontrolled pedestrian crossing; plaintiff was contributorily negligent to the extent of 10%; damages awarded after apportionment: special damages $3,875, general damages $48,000, total judgment $51,875; costs to be taxed under Legal Aid (Scale of Fees) Regulations Cap.91 and sum to be paid into Court within two weeks and held pending application.

Hong Kong Case Law

CHI, DONG EUN v. L & A INTERNATIONAL HOLDINGS LTD AND OTHERS

TAM WING YUEN AND OTHERS v. SIBERIAN MINING GROUP CO LTD AND OTHERS

PAUL MURRAY-JONES v. GUARDFORCE LTD AND OTHERS

NG MUI KWAI v. SIMCO LTD. AND ANOTHER