Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Preliminary issue (split trial)

Legal area

Court

4 Jul 2006

LOO WAI LING MUSETTA v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER

Citation

LOO WAI LING MUSETTA v. TIN SHUI WAI DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA4602/2003

The court refused the solicitor defendants' application for a separate preliminary trial of the completion/rescission issue in HCA 4610 and HCA 4737 and refused applications to stay the other related actions because the factual and evidentiary interdependence of issues, likely discovery and witness evidence, the risk of unfairness and increased costs made a split trial and blanket stay neither just nor convenient.
4 Jul 2006

TIN SHUI WAI DEVELOPMENT LTD v. LIU CHUNG FAI AND ANOTHER

Citation

TIN SHUI WAI DEVELOPMENT LTD v. LIU CHUNG FAI AND ANOTHER
Court

Court of First Instance
Case number

HCA352/2004

The court refused the applications for trial of the preliminary issue and dismissed the applications for stays because, on the facts, there was no sufficient justification for a split trial: the completion issue and negligence issues involved overlapping factual inquiries requiring witness evidence and discovery, a split trial would likely increase delay and costs and risk unfairness (lost evidence, faded memories), and thus it was not just and convenient to try the preliminary issue separately.