Wah Fung Forest Resources Ltd v Wong Chor Cheung

Judgment Date23 March 2018
Neutral Citation[2019] HKCFI 2133
Judgement NumberHCA804/2015
CourtHigh Court (Hong Kong)
Subject MatterCivil Action
HCA804/2015 WAH FUNG FOREST RESOURCES LTD v. WONG CHOR CHEUNG

HCA 804/2015, 1834 & 1835/2016 (Consolidated)
(Heard together with HCMP 3/2016)
[2019] HKCFI 2133

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 804 OF 2015

________________________

BETWEEN
WAH FUNG FOREST RESOURCES LIMITED Plaintiff
and
WONG CHOR CHEUNG Defendant

________________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1834 OF 2016

________________________

BETWEEN
WAH FUNG FOREST RESOURCES LIMITED Plaintiff
and
WONG CHOR CHEUNG Defendant

________________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1835 OF 2016

________________________

BETWEEN
WAH FUNG FOREST RESOURCES LIMITED Plaintiff
and
WONG CHOR CHEUNG 1st Defendant
JINRONG (HK) INTERNATIONAL 2nd Defendant
DEVELOPMENT HOLDINGS LIMITED (Discontinued)

________________________

(Consolidated by Order of Master K Lo dated 28 June 2017)


IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3 OF 2016

________________________

BETWEEN
CHEUNG HING Plaintiff
and
WAH FUNG FOREST RESOURCES LIMITED Defendant

________________________

(Heard together)


Before: Hon G Lam J in Chambers
Date of Hearing: 23 March 2018
Date of Decision: 23 March 2018

________________________

D E C I S I O N

________________________

1. I have before me two summonses in HCMP 3/2016 and the consolidated actions of HCA 804/2015, HCA 1834/2016 and HCA 1835/2016 respectively, both dated 31 January 2018, seeking an order that these two sets of proceedings be heard together.

2. I have decided to refuse the application because, basically, it is far too late. The summonses were only taken out on 31 January 2018 and this 9:30am appointment this morning was originally scheduled only for the pre‑trial review of HCMP 3/2016, which is going to trial on 4 June 2018 with three days reserved.

3. Counsel have helpfully set out the chronology of the proceedings, which I will not repeat. Even assuming there had been some lack of progress on the plaintiff’s part in the three derivative actions, they had plainly become active by April 2017. In fact, there was an order for consolidation of those three actions in June 2017, but the defendant, Mr Wong Chor‑cheung, did not then apply for an order that HCMP 3/2016 be heard together with those derivative actions until he took out the summons on 31 January 2018.

4. Meanwhile there were also attempts by Mr Wong to delay the progress of HCMP 3/2016 (see my decision on 19 May 2017, making an unless order for the exchange of witness statements). Despite an application to set down that action, nothing was said by Mr Wong about any application to have that action conducted in parallel with any other proceedings until the present summonses.

5. It is now suggested that that was because Mr Wong had defaulted in properly opposing the consolidated derivative actions and had to apply for an order to set aside the default judgment and for leave to...

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