23 Sept 1992
THE BOARD OF TRUSTEES OF CHUNG CHI COLLEGE AND ANOTHER v. CHANWAY INVESTMENT CO. LTD.
- Citation
- THE BOARD OF TRUSTEES OF CHUNG CHI COLLEGE AND ANOTHER v. CHANWAY INVESTMENT CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV61/1992
Order 28 rule 8 should be given effect so that proceedings begun by originating summons may, once ordered under that rule, continue as if begun by writ permitting claims (including damages for trespass) that flow from the cause of action and relating back to commencement; however the judge lacked inherent jurisdiction to transplant directions into a not-yet‑instituted action absent rule or statutory authority, so the March 30 order was vitiated and must be set aside with restoration of the earlier order for directions and pleadings in the original proceeding.