Read the full judgment text of CACV 000335/2006 on BabelCite. This Court of Appeal judgment was delivered on 6 March 2007 before Hon Rogers VP and Le Pichon JA.
Civil procedure – joinder of defendant – application to be joined as 4th defendant after default judgment – applicant claiming to be subtenant of 3rd defendant – whether applicant has sufficient interest – Order 113 of the Rules of the High Court – possession action over Lots 19-28 D.D. 455, Tsuen Wan – default declaratory judgment granted with proviso preserving applicant's position – subsequent application to join refused – stay of default judgment pending appeal – memorandum of agreement declaring Success Chart Development Ltd as beneficial owner – tenancy agreement between Success and 3rd defendant prohibiting subletting and expiring 30 October 2006 – whether stay should be maintained after appeal dismissed – whether applicant established existing right to use the lots – whether memorandum was an illegal contract contrary to public policy – practice concerning default declaratory judgments where third-party rights may be involved – White Book 19/7/20 – CACV 335/2006 appeal dismissed for reasons other than those of the judge below; CACV 422/2006 stay removed; order nisi of costs in favour of plaintiffs.
Legal issues: Whether the applicant should be joined as 4th defendant in the possession action · Whether the stay of the default declaratory judgment should be maintained
Outcome: CACV 335/2006 dismissed; the stay granted in CACV 422/2006 removed; order nisi of costs in favour of the plaintiffs
Cites 1 case