Read the full judgment text of HCA 001115/2000 on BabelCite. This High Court CFI judgment was delivered on 4 January 2002 before Sakhrani J.
Civil procedure – split trial – preliminary issue – multiple consolidated actions arising from a major building fire – whether to order separate trial of preliminary issue on cause and seat of fire – whether to order split trial of liability and quantum – general rule that all issues to be tried together – departure from general rule only if just and convenient – Telford Development Limited and Shui On Construction Limited 1992 HKC 110 – an order for separate trial of separate issues is a departure from the beneficial object of law that all disputes should be tried together and should only be made in exceptional circumstances or on special grounds – Hong Kong Civil Procedure 2002 marginal note 33/4/9 – welding debris allegedly generated by employees of 3rd defendant in lift shaft no. 3 on 15th floor fell down shaft and ignited combustible debris at bottom or ricocheted into hoarded area on 2nd floor – fire spread rapidly from 2nd floor through open lift shafts – significant loss of life and property damage – previous Commission of Inquiry into fire did not lead to compromises – court not persuaded of substantial time or cost savings as preliminary issue would not determine any action on liability – issues of fire spread and contributory negligence would still require determination – witnesses including lay and expert witnesses would have to appear at separate trials – strong possibility of appeals to Court of Appeal and Court of Final Appeal causing delay – court unpersuaded by submission that actions may be compromised as a result of preliminary issue findings – application for preliminary issue trial refused – court ordered split trial of liability and quantum as just and convenient – directions to be heard to ensure just, speedy and economical disposal of liability issues.
Legal issues: Whether to order a preliminary issue trial on the cause and seat of the fire · Whether to order split trial of liability and quantum
Outcome: Application for preliminary issue trial refused; order made for split trial of liability and quantum.
Cites 2 cases