Read the full judgment text of HCMP 2543/2014 and HCMP 3114/2014 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 12 December 2014 before Hon Cheung CJHC and Poon J.
Civil procedure — Assignment of causes of action — Champerty and maintenance — Locus standi — Limitation periods — Relation-back principle — Issue estoppel — Joinder of parties — Deed of Assignment interpretation. The plaintiff, REMEDY ASIA LIMITED, acquired the subcontractor True Light’s claims under two subcontracts against the defendant, YICK SHING CONTRACTORS LIMITED. The defendant’s application to strike out the claim on grounds of champerty and maintenance was refused as the assignment did not constitute oppression or officious intermeddling. The plaintiff’s equitable interest conferred locus standi, and joinder of True Light removed doubts on standing. Limitation periods were held to run from final certification, and related extension arguments succeeded by the relation-back principle with defendant’s consent to amendments. Issue estoppel applied to limitation defences decided previously by Au J. True Light was a necessary party for joinder given its legal title to claims. The Deed of Assignment permitted, but did not obligate, True Light’s participation in recovery proceedings. Both leave to appeal applications by the defendant were dismissed, with costs ordered accordingly.
Legal issues: Champerty and maintenance in assignment of causes of action · Plaintiff's locus to sue after assignment · Limitation periods regarding subcontracts A and B · Relation-back principle and limitation defence · Issue estoppel on limitation defences · Joinder of True Light as necessary party · Effect of Deed of Assignment on True Light’s participation in proceedings
Outcome: The defendant’s applications for leave to appeal in HCMP 2543/2014 and HCMP 3114/2014 were dismissed for having no reasonable prospect of success.
Cited by 2 cases · Cites 1 case