Read the full judgment text of HCCT 4/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 October 2014 before Hon Mimmie Chan J.
Construction and arbitration proceedings concerning the assignment of claims from a liquidated subcontractor (TL) to Remedy Asia. The plaintiff sought to join TL as a second plaintiff to complete title to sue following a non-absolute assignment deed. The court held that intended appeal does not justify staying the joinder application. Clause 3.1(C) of the Deed requiring proceedings in Remedy Asia's sole name was waived by TL's liquidators consenting to joinder. Previous ruling by Au J determined relevant limitation dates and held claims not time-barred; hence issue estoppel barred defendant from re-litigating time bar. Even if claims under Subcontract B are 'new claims', Limitation Ordinance s.35 permitted joinder as necessary for determination of original action, given Remedy Asia’s equitable interest necessitated TL’s legal interest joinder. Remedy Asia was recognized as equitable assignee with locus to sue, notwithstanding assignment not absolute. Application to join TL granted with costs orders stated.
Legal issues: Whether the joinder of True Light Civil Contractors Limited is prematurely stayed pending appeal · Whether clause 3.1(C) of the Deed prohibits joinder of TL as plaintiff · Whether TL’s claims under Subcontract B are time-barred and if joinder constitutes adding 'new claims' barred by Limitation Ordinance s.35 · Whether Remedy Asia has locus to sue as an equitable assignee under the Deed
Outcome: Application to join True Light Civil Contractors Limited as second plaintiff granted.
Cites 1 case