Hong Kong Case Law: Decisions & Judgments

Topic

Joinder and substitution of parties

Legal area

Court

18 Mar 2022

BANK OF COMMUNICATIONS TRUSTEE LTD v. CHINA ENERGY RESERVE AND CHEMICALS GROUP OVERSEAS CO LTD AND ANOTHER

Citation

[2022] HKCFI 795
Court

Court of First Instance
Case number

HCA146/2020

No trust (express, Quistclose or resulting) was established over the Funds; BOCOM Trustee did not commit material non-disclosure in the ex parte garnishee application and any alleged conflict arose after the ex parte application; China Life was substituted as plaintiff and BOCOM Trustee joined as interested party; the garnishee order nisi was made absolute except for US$70,000,000 treated as security; the setting aside application was dismissed.
3 May 2019

TSOI CHIK SANG LAWRENCE v. TASTY CATERING GROUP LTD AND OTHERS

Citation

[2019] HKCA 481
Court

Court of Appeal
Case number

CACV94/2019

The order dismissing the summonses for joinder or substitution was interlocutory because it did not finally determine the substantive proceedings; the summonses were not applications to amend pleadings and therefore did not fall within Order 59 rr 21(1)(a) and 21(2)(i) as appeals as of right. Because no leave to appeal was obtained the appeal was incompetent and was struck out; costs awarded to respondents with summary assessment on paper.
16 Dec 2016

ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD

Citation

ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD
Court

Court of Final Appeal
Case number

FACV4/2016

The joinder/substitution of GBRE constituted a new claim under s35 by virtue of addition/substitution of a new party; s35(3) therefore barred the amendment made after the relevant limitation period unless a rules-of-court exception applied; Order 20 r5(3) did not apply because the error was as to the validity of the assignment (legal rights) not a nomenclature mistake; the assignment was champertous and void so the amendment was impermissible and the Deputy Judge's refusal to allow the amendment (and the strike out) was restored.
16 Dec 2016

ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD

Citation

ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD
Court

Court of Final Appeal
Case number

FACV3/2016

The joinder/substitution of GBRE constituted a new claim under s 35 because GBRE was a new party at the time of the application and the amendment was made after the relevant limitation period had expired; the joinder did not fall within the Order 15 r 7 exception (no succession of interest) and Order 20 r 5(3) did not apply because the mistake was about the legal validity of the assignment rather than an error of name/identity; therefore the amendment was barred by s 35 and the defendants' appeals were allowed.

Hong Kong Case Law

BANK OF COMMUNICATIONS TRUSTEE LTD v. CHINA ENERGY RESERVE AND CHEMICALS GROUP OVERSEAS CO LTD AND ANOTHER

TSOI CHIK SANG LAWRENCE v. TASTY CATERING GROUP LTD AND OTHERS

ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD

ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD