Hong Kong Case Law: Decisions & Judgments

Topic

Trial sequencing

Legal area

Court

11 Nov 2022

CHO KWAI CHEE v. CONVOY GLOBAL HOLDINGS LTD AND OTHERS

Citation

[2022] HKCFI 3406
Court

Court of First Instance
Case number

HCA463/2021

The application to order HCA 463/2021 to be tried immediately after HCA 399/2018 (or to stay it pending that trial) was dismissed because the degree of overlap was not shown to be sufficiently substantial at this stage to justify sequencing or a stay, the application was premature given the paucity of identified common witnesses and documents, and the proposed order would cause undue delay and potential prejudice to the defamation claimant; consequential case management directions were left open.
11 Nov 2022

CONVOY COLLATERAL LTD v. CHO KWAI CHEE (also known as CHO KWAI CHEE ROY) AND OTHERS

Citation

[2022] HKCFI 3406
Court

Court of First Instance
Case number

HCA399/2018

The application to try HCA 463/2021 immediately after HCA 399/2018 and to admit evidence from HCA 399/2018 into HCA 463/2021 was dismissed because the degree of overlap was not sufficiently substantial at this stage to justify sequencing or a stay; the application was premature given lack of discovery and identified witnesses/documents, and sequencing would cause unfair delay and complexity to the defamation claim (the overlap was principally limited to potential impact on damages, which alone did not justify the orders sought).
25 Sept 2009

LEUNG YUK LAN v. SUCCESS DESIGN CONSULTANTS LTD

Citation

LEUNG YUK LAN v. SUCCESS DESIGN CONSULTANTS LTD
Court

District Court
Case number

DCEC1519/2008

The PI Action must be tried before the EC Action because the PI trial addresses broader liability issues and can dispose of all material liability questions in a single proceeding, avoiding duplicate trials and inconsistent findings; the court will not rearrange trial priority to accommodate an insurer's private interests, and the insurer cannot rely on a conflict of interest argument where it has already chosen to defend the PI Action.
15 Mar 2005

LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER

Citation

LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER
Court

Court of Appeal
Case number

CACV59/2005

The Court allowed the appeal because the judge below was wrong to treat the administrator as sued personally; the Probate Action must be tried first since its outcome is likely to determine the proper conduct and fate of the Miscellaneous Proceedings, including possible removal of the administrator, therefore the Miscellaneous Proceedings must be adjourned pending the Probate trial; costs awarded to appellants, with recoupment from the estate left to the trial judge.
28 Feb 2001

LI, KO & YAN (a firm) v. CARIPAC LTD.

Citation

LI, KO & YAN (a firm) v. CARIPAC LTD.
Court

Court of First Instance
Case number

HCA445/2000

The consolidation order was set aside because, although there were common factual issues, those issues were not sufficiently important in proportion to the extensive issues in action no. 18029; instead the proper course was to order that action no. 445 be tried immediately after action no. 18029 by the same judge to ensure consistent credibility findings and to save costs; the Registrar's costs order was to remain.
28 Feb 2001

KO CHI KEUNG v. LEE PING YAN ANDREW

Citation

KO CHI KEUNG v. LEE PING YAN ANDREW
Court

Court of First Instance
Case number

HCA18029/1999

Although common questions of fact existed, they were not of sufficient importance in proportion to the other extensive issues in action no. 18029 to justify consolidation; under O.4 r.9 RHC the appropriate remedy was to set aside the consolidation order and direct that action no. 445 be tried immediately after action no. 18029 by the same judge to serve the interests of justice and to save costs.

Hong Kong Case Law

CHO KWAI CHEE v. CONVOY GLOBAL HOLDINGS LTD AND OTHERS

CONVOY COLLATERAL LTD v. CHO KWAI CHEE (also known as CHO KWAI CHEE ROY) AND OTHERS

LEUNG YUK LAN v. SUCCESS DESIGN CONSULTANTS LTD

LAU LEUNG WA AND ANOTHER v. LAU YUE KUI AND ANOTHER

LI, KO & YAN (a firm) v. CARIPAC LTD.

KO CHI KEUNG v. LEE PING YAN ANDREW