KWONG IAN (HONG KONG) CONSTRUCTION AND REAL ESTATE DEVELOPMENT CO LTD v. GLORIOUS SUN (HIGHWAY DEVELOPMENT LTD) AND OTHERS
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HCA 260/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 260 OF 2006
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BETWEEN
| KWONG IAN (HONG KONG) CONSTRUCTION AND | Plaintiff | |
| (廣仁（香港）建築置業發展有限公司) | ||
| (for itself and on behalf of LUCKY MONEY LIMITED | ||
| and | ||
| GLORIOUS SUN | 1st Defendant | |
| (HIGHWAY DEVELOPMENT LIMITED) | ||
| HO KAI CHEONG (何繼昌) | 2nd Defendant | |
| CHEUNG MIU SEUNG EMILY (張妙嫦) | 3rd Defendant | |
| CHEUNG MIU MEI AMY (張妙媚) | 4th Defendant | |
| CHEUNG KWAI WOON (張桂煥) | 5th Defendant | |
| JIN HUI XIANG (靳惠祥) | 6th Defendant | |
| GOLDEN TREE INVESTMENTS LIMITED | 7th Defendant | |
| WAI ON FINANCE LIMITED | 8th Defendant | |
| LITHIUM INDUSTRIAL LIMITED | 9th Defendant | |
| LUCKY MONEY LIMITED | 10th Defendant |
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HCA 261/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 261 OF 2006
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BETWEEN
| KWONG IAN (HONG KONG) CONSTRUCTION AND REAL ESTATE DEVELOPMENT COMPANY LIMITED | Plaintiff | |
| (廣仁（香港）建築置業發展有限公司) | ||
| (for itself and on behalf of LUCKY EMOTION LIMITED (大利怡有限公司)) | ||
| and | ||
| GLORIOUS SUN (HIGHWAY DEVELOPMENT LIMITED) (朗日高速公路發展有限公司) | 1st Defendant | |
| HO KAI CHEONG (何繼昌) | 2nd Defendant | |
| CHEUNG MIU SEUNG EMILY (張妙嫦) | 3rd Defendant | |
| CHEUNG MIU MEI AMY (張妙媚) | 4th Defendant | |
| CHEUNG KWAI WOON (張桂煥) | 5th Defendant | |
| JIN HUI XIANG (靳惠祥) | 6th Defendant | |
| GOLDEN TREE INVESTMENTS LIMITED | 7th Defendant | |
| WAI ON FINANCE LIMITED | 8th Defendant | |
| LITHIUM INDUSTRIAL LIMITED | 9th Defendant | |
| LUCKY EMOTION LIMITED (大利怡有限公司) | 10th Defendant |
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HCA 262/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 262 OF 2006
____________
BETWEEN
| KWONG IAN (HONG KONG) CONSTRUCTION AND | Plaintiff | |
| (廣仁（香港）建築置業發展有限公司) | ||
| (for itself and on behalf of LUCKY EXTEND LIMITED | ||
| and | ||
| GLORIOUS SUN | 1st Defendant | |
| HO KAI CHEONG (何繼昌) | 2nd Defendant | |
| CHEUNG MIU SEUNG EMILY (張妙嫦) | 3rd Defendant | |
| CHEUNG MIU MEI AMY (張妙媚) | 4th Defendant | |
| CHEUNG KWAI WOON (張桂煥) | 5th Defendant | |
| JIN HUI XIANG (靳惠祥) | 6th Defendant | |
| GOLDEN TREE INVESTMENTS LIMITED | 7th Defendant | |
| WAI ON FINANCE LIMITED | 8th Defendant | |
| LITHIUM INDUSTRIAL LIMITED | 9th Defendant | |
| LUCKY EMOTION LIMITED | 10th Defendant |
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（Heard Together)
Before: Deputy High Court Judge L. Chan in Chambers
Date of Hearing: 9 August 2006
Date of Decision: 9 August 2006
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D E C I S I O N
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1. The 10th defendant has made an application for part of the name of the plaintiff to be struck out. The gravamen of the complaint is the presence of the words “and on behalf of Lucky Money Limited” as part of the description of the plaintiff. The 10th defendant complained that it could not appear both as the plaintiff and as a defendant, hence the application for striking out those words. If these words are struck out, the action will continue as a derivative action and Lucky Money Limited will remain as the 10th defendant. I think there is a lot of good sense in this application and it does not affect the merits of the action.
2. Mr Pow suggested that I should modify the description of the plaintiff to “and on behalf of (the other shareholders of) Lucky Money Limited (but to the exclusion of the 6th, 7th, 8th and 9th defendants)” by inserting the words in parenthesis. This formula in reality means nothing, because apart from Kwong Ian (Hong Kong) Construction and Real Estate Development Company Limited, the only other shareholders of Lucky Money Limited are the 6th, 7th, 8th and 9th defendants. Since there is no shareholder who is not represented as a party in this action, I do not think I should accept Mr Pow’s suggestion and adopt the lengthy formula, which amounts to nothing.
3. I therefore allow the 10th defendant’s application for striking out the words “and on behalf of Lucky Money Limited” from the title of the plaintiff. I also order costs of the application be paid by Kwong Ian to the 10th defendant.
(Submission re costs)
4. The costs order is not against the plaintiff but Kwong Ian (Hong Kong) Construction and Real Estate Development Company Limited as the application was made by the 10th defendant to strike out its name from the plaintiff and Kwong Ian resisted it but failed. The costs ordered in favour of Lucky Money shall be taxed and paid forthwith.
5. I make the same orders for HCA261 and HCA262 of 2006.
| (L. Chan) Deputy High Court Judge |
Mr Jason Pow, SC and Mr Victor Dawes, instructed by Messrs Gallant Y T Ho & Co., for the Plaintiff.
Mr Warren Chan, SC and Mr John Shek, instructed by Messrs David Y Y Fung & Co., for the 1st, 2nd and 3rd Defendants.
Mr Alan Leong SC and Mr Alfred Liang, instructed by Messrs Chan & Yau, for the 4th - 9th Defendants.
Mr Johnny Mok, SC, instructed by Messrs W K To & Co., for the 10th Defendant.