Read the full judgment text of HCMP 001719/2002 on BabelCite. This High Court CFI judgment was delivered on 16 January 2008 before A Cheung J.
Civil procedure – application to dismiss proceedings – abuse of process – inordinate and inexcusable delay – exercise of discretion – consent orders – Labour Tribunal appeal and Miscellaneous Proceedings heard together – Midas Printing Group Limited as plaintiff in HCMP 1719/2002 against twenty-one defendants – instruments in question and claims to money affected – HCLA 95/2001 arising from Labour Tribunal awards in favour of Chan Yan Ping Bernadette (D1) and Lam Tan Ching Shirley (D2) against Midas Printing Limited – moneys paid into court pursuant to those awards – D1, D2, D4 (Tsoi Chit Shun Roger) and D7 (Lam Mei Lan Idy) apply to dismiss both sets of proceedings – Labour Tribunal appeal disposed of by consent with moneys released to D1 and D2 together with accrued interest and any interest deficiency to be made up by the Labour Tribunal defendant – execution process available if necessary – D1 and D2's application to dismiss MC withdrawn upon plaintiff's undertaking not to seek recovery of Labour Tribunal awards from them – whether MC should be dismissed on grounds of abuse of process (abandonment) and inordinate and inexcusable delay – court has full discretion whether to accede to such application – dismissal would not resolve underlying issues regarding interpretation of instruments and claims to money – undertaking to prosecute MC expeditiously given only for benefit of Labour Tribunal appeal respondents (D1 and D2) and not for benefit of other defendants including D4 and D7 – that undertaking no longer relevant once appeal disposed of – D4 and D7 have financial stake in subject matter and should apply for directions for trial – plaintiff retains carriage of MC and burden to proceed – application to dismiss MC refused – MC remains on foot – D1 and D2 may decide what part, if any, to take in remaining MC.
Legal issues: Whether the Miscellaneous Proceedings should be dismissed for abuse of process and inordinate and inexcusable delay
Outcome: Labour Tribunal appeal (HCLA 95/2001) dismissed by consent; application by D1 and D2 to dismiss HCMP 1719/2002 withdrawn; application by D4 and D7 to dismiss HCMP 1719/2002 refused; Miscellaneous Proceedings to remain on foot with plaintiff retaining carriage.
Cited by 1 case