W. M. CONTRACTOR LTD formerly known as W.M. FOUNDATION CO LTD v. MING LEE FOUNDATION CO LTD

HCA 46/2019 & HCA 1484/2019

(consolidated)

[2022] HKCFI 640

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NOS HCA 46 OF 2019 AND HCA 1484 OF 2019

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(by original action)

(by counterclaim)

(Consolidated by Order of Master S.P. Yip dated 11th September 2019)

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D E C I S I O N

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1.  The dispute in the present proceedings (as consolidated by Order of the Court on 11 September 2019)  plainly falls within the classes of specialized cases described in paragraph 3 of PD 6.1, fit for disposal by judges designated to hear proceedings within the Construction and Arbitration List (“List”).

2.  Actions on the List require careful thought and due and early preparation on evidence which requires expert input.  There must be early identification of the precise issues for expert evidence, the suitable candidate to give expert evidence, and close liaison between the parties in order to prepare the concise and necessary evidence to assist the Court.  There is no reason to further postpone such work and to delay the further directions for an effective trial.

3.  In particular, there is no justification for deferring a decision on the transfer of the case to the List until the Master has decided the application made for these proceedings to be heard together with HCA 1613/2019 (“HCA 1613”). The fact that this action has been transferred to the List, because the issues raised in these proceedings fall within the scope of PD 6.1, will no doubt be taken into consideration by the Master, in deciding whether it is fit for any other action to be heard together with these proceedings on the List.  The Master will no doubt consider whether HCA 1613 falls within the specialized cases described in paragraph 3 of PD 6.1, whether it would be appropriate for HCA 1613 to be heard together with this consolidated action, and whether there can be an effective and manageable trial of the issues in dispute between the parties.

4.  The application for transfer is granted, with costs in the cause.

Mr Pakco Chan, instructed by SK Wong & Co, for the plaintiff (by original action) and for the 1^st & 2^nd defendants (by counterclaim)