7 Feb 2013
KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
- Citation
- KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV43/2012
The appeal is allowed in respect of the striking out and dismissal: the order of Deputy Judge Saunders was interlocutory and lacked the finality required for issue estoppel; the plaintiffs did not abuse process under Henderson v Henderson given the flawed third-party joinder attempt and circumstances; accordingly the strike-out was wrong and the plaintiffs' claims should proceed. The order setting aside the default judgments remains in force so defendants may defend. Costs follow the event subject to specified disallowance for bundle preparation.