Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Substitution

  • 17 Jul 2020

    COMPETITION COMMISSION v. FUNGS E&M ENGINEERING CO LTD

    Citation
    [2020] HKCT 4
    Court
    Competition Tribunal
    Case number
    CTEA1/2019

    Substitution and joinder were refused because enforcement proceedings are prosecutorial in nature and the Tribunal must not usurp the Commission's discretion to decide whom to prosecute; the Pau Agreement, even if genuine, does not prevent the Commission pursuing R1 and does not justify substitution or addition as a party. Leave to issue third party proceedings against Pau was granted because the conditions under Order 16(1) RHC are met (claim for contribution/indemnity and Pau has a legitimate legal/financial interest), bringing her in avoids multiplicity and leaves Tribunal findings binding…

  • 26 Oct 2012

    SO CHUN MAN v. LEUNG YAU FONG

    Citation
    SO CHUN MAN v. LEUNG YAU FONG
    Court
    Court of First Instance
    Case number
    HCAL9/2012

    Leave to withdraw the election petition was granted because the statutory requirements for withdrawal had been complied with, no person sought substitution as petitioner, and on consideration of the nature of the allegations the grant of leave was appropriate; costs of the proceedings were ordered to the respondent, to be taxed if not agreed.