Zhi, Charles v. Kor Sing Mung Michael and Others

HCA 977/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 977 OF 2016

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D E C I S I O N

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1.I have before me a summons dated 6 July 2016 issued by the 4^th defendant which is a listed company for an order striking out the claim against it. The plaintiff, Mr Charles Zhi, is acting in person.

2.At the hearing before me Mr Zhi explained that he had included the 4^th defendant as a party in order that it would be bound by any order the court might make against the 1^st to 3^rd defendants who, when the proceedings were originally formulated, were the parties against whom he had substantive complaints.

3.I took Mr Zhi through the Statement of Claims and in particular the prayers for relief in order to give him the opportunity to explain which orders (in practice it would be against the 1^st and 2^nd defendants, as the claim against the 3^rd defendant has already been dismissed) might require the 4^th defendant to be joined as a party.

4.At the end of that process, I was satisfied that no order that is currently being sought that requires the 4^th defendant to be joined as a party.  I also considered with Mr Zhi whether there might be some justifications for having the 4^th defendant as a party in order that it could be bound by any discovery applications but it does not seem to me that there are any prospective discovery applications which would not be directed towards the 1^st and 2^nd defendants, and would require documents to be obtained from the 4^th defendant.

5.In the circumstances Mr Zhi said that he was prepared to discontinue his action against the 4^th defendant.  Mr Jose Maurellet SC who appeared for the 4^th defendant was content for such an order to be made as long as the 4^th defendant obtains its costs.  I have therefore made an order for discontinuance.  

The plaintiff appeared in person

Mr Jose Maurellet SC and Mr Terrence Tai, instructed by So, Lung & Associates, for the 4^th defendant