Read the full judgment text of CACV 85/2005 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 23 December 2005 before Hon Tang JA, Sakhrani J.
Civil procedure — Joinder of parties — Whether cause of action must be alleged against party sought to be joined under O.11 r.1(1)(c) — Whether non-parties may be joined solely for costs liability under section 52A(2) High Court Ordinance — Requirement to state basis for costs claim in amended writ under O.6 r.2 and O.18 r.7, r.12, r.15 RHC — Joinder of out-of-jurisdiction defendants at a late stage and issues of jurisdiction — Application for leave to appeal to Court of Final Appeal dismissed. The 4th defendant applied for leave to appeal regarding the joinder and costs liability, challenging the requirement for a cause of action for joinder and whether joinder for costs only is permissible. The Court of Appeal found that a cause of action must be alleged and identified a serious question to be tried on joinder for costs. The Court refused leave to raise a new procedural point relating to the amended writ which was not previously raised. The Court held that issues regarding late joinder and jurisdiction require a fact-sensitive substantive hearing. The application for leave was dismissed with costs, and the plaintiff’s subsequent application for security for costs was granted by the Court of Final Appeal.
Legal issues: Requirement of cause of action for joinder under O.11 r.1(1)(c) · Interpretation of section 52A(2) High Court Ordinance concerning joinder for costs · Requirement to state basis for costs claim against 4th defendant in amended writ · Joinder and jurisdiction of out-of-jurisdiction defendant at late stage or trial
Outcome: Application for leave to appeal to the Court of Final Appeal dismissed with costs.
Cited by 2 cases