WILLIAM TEH YEE LEE T/A HONGKONG KOWLOON FIRST SECURITIES CO v. THE NIKKO SECURITIES CO (ASIA) LTD

HCA011152/1982

IN THE HIGH COURT OF JUSTICE

Action No. 11152 of 1982

BETWEEN

WILLIAM TEH YEE LEE trading as HONGKONG KOWLOON FIRST SECURITIES CO.

Plaintiff

AND

THE NIKKO SECURITIES CO. (ASIA) LTD.

Defendant

_____

IN THE HIGH COURT OF JUSTICE

Action No. 11790 of 1982

AND BETWEEN

PEACEFUL INVESTMENT INC. 1st Plaintiff
COMPANY 1917 2nd Plaintiff
JAMES S. LEE & CO. CLOTHING MILL (HONG KONG)LIMITED 3rd Plaintiff
LEE DING KEE TONG 4th Plaintiff

AND

THE NIKKO SECURITIES CO. (ASIA) LTD. Defendant

_____

And Between

THE NIKKO SECURITIES CO. (ASIA) LTD

Plaintiff
by Counterclaim

AND

(1) PEACEFUL INVESTMENT INC.
(2) JAMES S. LEE
(3) COMPANY 1917

(4) JAMES S. LEE & CO. CLOTHING MILL (HONG KONG) LIMITED

(5) LEE DING KEE TONG
(6) PETER CHI
(7) H.K. KOWLOON FIRST SECURITIES COMPANY

Defendants
by Counterclaim

_____

IN THE HIGH COURT OF JUSTICE

Action No. 3612 of 1983

AND BETWEEN

WILLIAM TEH YEE LEE trading as HONGKONG KOWLOON FIRST SECURITIES CO. Plaintiff

AND

THE NIKKO SECURITIES CO. (ASIA) LTD. Defendant

_____

Coram: Hon. Mantell J. in Chambers

Date of Hearing: 4 January 1984

Date of Decision: 4 January 1984

_________

DECISION

_________

1. In this application, I am concerned with three actions to each of which Nikko Securities are the defendant. It is their applicationto have them consolidated. It is conceded by Mr. Kwok who appears for the plaintiff that in the first and third of the actions, theissues are the same in all essentials. In both actions, the plaintiff claims that money in one instance and money and gold in theother are due to it by virtue of an account between it and the defendant in which the defendant has acted as broker to the plaintiffand Mr. Kwok has advanced no reason why those two actions should not be consolidated and I so direct.

2. The real issue arises in relation to the second and much more substantial action. There are four plaintiffs, but the defendant hasa counterclaim in which it seeks damages against the four plaintiffs and three others. One of the three others, although going bythe name of H.K. Kowloon First Securities Company, is in reality none other than the plaintiff in acions one and three. Now, it isnecessary, before an application of this kind can or should be allowed, following the principle enunciated by Lord Justice Pearsonciting the judgment of Lord Sterndale M.R. in Payne v. British Time Recorder Ltd. and W.W. Curtis Ltd., (1) for there to be some common question of law or fact bearing sufficient importance in proportion to the rest of the action to renderit desirable that the whole of the matters should be disposed of at the same time. Had it been necessary for me to make such a findingI would have found that such a connection does exist between all three actions. But upon being referred to the pleadings it appearsto me that all the substantial issues between the several parties to these three actions will be disposed of when action no.2 isheard and concluded and for that reason, it is only necessary for me to order that that actions one and three be consolidated butthat they be stayed until after the hearing and conclusion of action no.2.

3. Costs in the cause with certificate for two counsel.

(C.B.K. Mantell)
Judge of the High Court

(1) [1921] 2 K.B. 1, 16

Representation:

Lester Kwok instructed by Hastings & Co. for plaintiff in H C.A. No. 11152 of 1982.

Martin Lee, Q.C. & Edward Chan instructed by Woo, Kwan, Lee & Lo for defendant in H.C.A. No. 11152 of 1982.

Ronny Wong instructed by Johnson, Stokes & Master for plaintiffs in HCA No. 11790 of 1982.

Martin Lee, Q.C. & Edward Chan instructed by Woo, Kwan, Lee & Lo for defendant in H.C.A. No. 11790 of 1982.

Martin Lee, Q.C. & Edward Chan instructed by Woo, Kwan, Lee & Lo for plaintiff by counterclaim in H.C.A. No. 11790 of 1982.

Ronny Wong instructed by Johnson, Stokes & Master for 1st to 5th defendants by counterclaim in H.C.A. No. 11790 of 1982.

Lester Kwok instructed by Hastings & Co. for 7th defendant by counterclaim in H.C.A. No. 11790 of 1982.

Lester Kwok instructed by Hastings & Co. for plaintiff in H.C.A. No. 3612 of 1983.

Martin Lee, Q.C. & Edward Chan instructed by Woo, Kwan, Lee & Lo for defendant in H.C.A. No. 3612 of 1983.