IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTRUCTION AND ARBITRATION PROCEEDINGS
Coram: Hon Ma J in Chambers
Date of Hearing: 20 June 2002
Date of Decision: 20 June 2002
D E C I S I O N
1. I have before me an application by the plaintiff to consolidate HCCT53/1999 with HCCT55/1999. The two actions are at different stages.Apart from anything else, HCCT53/1999 has already been fixed for trial, the dates being 15 October with 10 days reserved.
2. I decline to make the order sought for the following reasons :
3. In these circumstances and with both actions having progressed to an advanced stage, I can see no reason why the court should exerciseits discretion in favour of making an order under Order 4, rule 9. Furthermore, the plaintiff has not in my view adequately explainedwhy it is not hitherto made this application for consolidation. I therefore dismiss the application.
Mr Danny Choi, instructed by Messrs M.F. Ko & Co., for the Plaintiff
Mr Martin Downey of Messrs Denton Wilde Sapte, for the Defendant