China Taiping Insurance (HK) Co Ltd v. Freight Transportation Co Ltd

HCMP 2208/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2208 OF 2014

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D E C I S I O N

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1.This is an application for declaratory relief by consent.

2.I do not want to go into the details of the facts of the present case.  At this stage, it is suffice for me to say that the declaratory relief sought by the parties would have the effect of affecting the right of the interested employee in the related accident and perhaps the right of the other insurance company MSIG.  Since the declaratory relief may affect the interests of these two parties, the court takes the view that these two parties should be properly joined as parties to the proceedings.

3.It has all along been the plaintiff’s position that these additional parties do not have any locus in the proceedings.  But since it is the court’s view that these parties should be joined, Mr Ramanathan SC, counsel for the plaintiff, is inviting the court to exercise the power under O 15 r 6(2)(b) to join these parties on his own motion.

4.In order to preserve the plaintiff’s position on the locus issue, the court agrees to exercise such power to order these two additional parties, ie the injured employee and MSIG, to be joined as parties to these proceedings.  I therefore so order.

5.There may also be other interested parties in these proceedings, namely ECAS and DHL who is being sued as an occupier in the related personal injuries action.  The court takes the view that the interests of these parties are not so directly affected by the present application, and so at this stage,  I am happy for them not to be joined as parties to the proceedings.

6.However, in the case that the plaintiff is going to restore the present summons, I direct that notification of the restored hearing should be given to ECAS and also DHL.  If they see fit to appear in court to make any submissions in relation to the application, I would deal with the submissions accordingly.

7.At this stage, the court does not see fit to grant the declaratory relief in the absence of the injured employee and MSIG. I therefore adjourn the summons sine die with liberty to restore, and I also order that the injured employee and MSIG be added as parties in the present proceedings.

Mr Kumar Ramanathan SC and Mr Eric Tsoi, instructed by Deacons, for the plaintiff

Mr Kenneth Ng, of Ng, Au Yeung & Partners, for the defendant