Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interest and execution proceedings
  • 16 Jan 2008

    CHAN YAN PING BERNADETTE AND ANOTHER v. MIDAS PRINTING LTD

    Citation
    CHAN YAN PING BERNADETTE AND ANOTHER v. MIDAS PRINTING LTD
    Court
    Court of First Instance
    Case number
    HCLA95/2001

    The court refused to dismiss the Miscellaneous Proceedings because D4 and D7 have a real and contested stake in the subject money; dismissal would not determine their entitlement and would merely force them to commence fresh proceedings raising the same issues. The undertaking disposing of the Labour Tribunal appeal benefited only the Labour Tribunal claimants (D1 and D2) and does not affect other defendants. Therefore the discretionary remedy of dismissal was not appropriate; instead the plaintiff must proceed and those defendants should seek directions to progress to trial if they wish to p…