19/09/2019 HCMP2801/2015 THE UNIVERSITY 22. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER The starting point for the question of joinder is that this is a private law action. The plaintiff is prima facie entitled to choose the persons against whom to proceed. The plaintiffs choice is, however, not conclusive. subject to the power of the court, among parties. The question of joinder It is other things, to join additional of parties, whether as an additional defendant or as intervener, is generally governed by Order 15, rule 6 of the Rules of the High Court. In particular, Order 15, rule 6(2) provides: (2) Subject to the provision of this rule, at any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application- (b) order any of the following persons to be added as a party, namely(1) any person party or whose to ensure that matter may be and adjudicated who ought to have been joined as a presence before the Court is necessary all matters in dispute in the cause or effectually and completely determined upon, or (ii) any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter.” 23. Order 15, rule 6(2)(b) requires some interest in the matter by the wouldbe intervener which is directly related to the subject matter of the action. A mere commercial interest in tts outcome divorced from the subject matter of the action is not enough: Sanders Lead Co Inc v Entores Metal Brokers Ltd [1984] 1 WLR 452, 460; Building Authority v Appeal Tribunal (Buildings) (CACV 19 & 113 of 2012; 15 March 2013) at $15; In re IG Farbenindustrie AG Agreement [1944] 1 Ch 41. 24. None of the intended interveners contends that he or it is in possession of any confidential material that is the subject of the action or the interim injunction. Each of them has made his or its application as a person not in possession of such material. the injunction from In that sense they are not directly prevented by publishing, disclosing or communicating anything. There is as yet nothing for them to disclose. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 8/33