This was a Case Management Conference to hear three summons: (1) the Plaintiff’s summons dated 28 June 2010 for leave to file a supplemental witness statement; (2) the 2nd Defendant’s summons for leave to file a supplemental witness statement; and (3) the 2nd Defendant’s summons for an order that HCMP 2621/2009 be tried together with HCA 1511/ 2009.

The Honourable Mr Justice Fok granted leave for the first two summons. As regards the third summons, the Honourable Mr Justice Fok considered the rule governing consolidation of actions and held that the issues and the questions of law and fact arising from these two actions were sufficiently distinct, rendering them inappropriate to be tried together. The 2nd Defendant’s summons under Rules of the High Court (Cap.4A, Sub.Leg.), O.4, r.9 was dismissed.

Hong Kong Dispute Resolution Bulletin – incorporating CJR Alerter: For full analysis of this case subscribe to the Sweet & Maxwell HKDRB, produced in association with Clifford Chance.

This article is available in [2010] 16 HKDRB.

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