Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Proof of ownership/control requirement

Legal area

Court

15 Mar 2013

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV19/2012

REDA cannot be joined under O.15 r.6(2)(b) because it lacks the requisite interest in the subject matter of the appeals (its interest is limited to a question of law and is not directly related to the personal reliefs sought); moreover, even if within the rule, discretionary considerations (delay, prejudice, stage, and adequate representation of existing parties) warranted refusal of joinder.
15 Mar 2013

LAI SIU-KIN REMBERT v. BUILDING AUTHORITY

Citation

LAI SIU-KIN REMBERT v. BUILDING AUTHORITY
Court

Court of Appeal
Case number

CACV113/2012

REDA was not entitled to joinder under Order 15 r.6(2)(b) because it only had a commercial/diagnostic interest in a question of law common to other proceedings rather than an interest in any relief or remedy claimed in the appeals; consequently there was no jurisdiction to join it under that rule, and even if jurisdiction existed the court would refuse joinder in the exercise of its discretion because of adequate representation of parties, undue delay, potential prejudice to listing and that joinder would not materially advance avoidance of multiplicity given stare decisis.