Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 4

TRANSFER AND CONSOLIDATION OF PROCEEDINGS

(Past version on 01/09/2000).

COMMENCEMENT AND PROGRESS OF PROCEEDINGS

1. Transfer to the Court of First Instance or
the Lands Tribunal (O. 4, r. 1) (L.N. 153 of 2008)

An application under section 41 or 42 of the Ordinance for an order
transferring proceedings to the Court of First Instance or the Lands Tribunal
shall be made by summons and shall be supported by an affidavit stating the
grounds on which the application is made and verifying the facts relied on.
(L.N. 153 of 2008)

9. Consolidation, etc., of causes or matters (O. 4, r. 9)

(1) Where 2 or more causes or matters are pending, then, if it appears to
the Court-

   (a)  that some common question of law or fact arises in both or all of
        them; or

   (b)  that the rights to relief claimed therein are in respect of or arise
        out of the same transaction or series of transactions; or

   (c)  that for some other reason it is desirable to make an order under this
        rule, the Court may order those causes or matters to be consolidated
        on such terms as it thinks just or may order them to be tried at the
        same time, or one immediately after another, or may order any of them
        to be stayed until after the determination of any other of them.

(2) Where the Court makes an order under paragraph (1) that 2 or more causes
or matters are to be tried at the same time but no order is made for those
causes or matters to be consolidated, then a party to one of those causes or
matters may be treated as if it were a party to any of those other causes or
matters for the purpose of making an order for costs against him or in his
favour.