KING MING DEVELOPMENT CO LTD AND OTHERS v. LEE KAM SHEUNG AND ANOTHER
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HCA2576/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 2576 OF 2008
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BETWEEN
| KING MING DEVELOPMENT COMPANY LIMITED (金明發展有限公司) | 1stPlaintiff | |
| CHU LAI FONG (朱麗芳) | 2nd Plaintiff | |
| TING WAI MING (丁偉明) | 3rd Plaintiff | |
| SUN YAN WAH, KAROL (孫溵樺) | 4thPlaintiff | |
| CHAN KAM WAH (陳鑑華) | 5th Plaintiff | |
| LO WAI MAN (盧威文) | 6th Plaintiff | |
| HO SIU PO (何少波) | 7thPlaintiff | |
| AU MING HO (歐明賀) | 8th Plaintiff | |
| and | ||
| LEE KAM SHEUNG (李錦嫦) | 1stDefendant | |
| YAN HING FAI (殷慶輝) | 2nd Defendant |
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Before : Hon Yam J in Chambers
Date of Hearing : 9 July 2009
Date of Decision : 9 July 2009
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D E C I S I O N
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1. I accept that the plaintiffs’ case has disclosed a cause of action in terms of their right “to sue for the second type of injury” as decided in the case of Heron International Ltd and others v. Lord Grade, Associated Communications Corp. plc and others [1983] BCLC 244 at p.262, section 4.3 per Lawton LJ.
2. Whether the plaintiffs have the right to sue on “the first type of injury to which the rule in Foss v. Harbottle is directed” is a question for the plaintiffs herein to decide and to make the necessary application to further re-amend their Re-Amended Statement of Claim. This is only a further matter for the plaintiffs to consider and would not and should not affect their pleaded case of cause of action under the aforesaid second type of injury.
3. Accordingly this appeal is dismissed with costs to the plaintiffs in any event to be taxed, if not agreed on gross sum assessment basis before a Master.
4. I further order in terms of the Draft Consent Order/Directions before the court as amended.
| (D. Yam) | |
| Judge of the Court of First Instance | |
| High Court |
Mr C.Y. Li, instructed by Messrs Vincent T.K. Cheung, Yap & Co.,for the 1st to 8th Plaintiffs
Mr Kenneth C.L. Chan, instructed by Messrs Vongs,for the 1st and 2nd defendants
Re : HCA2576/2008
By Consent,
1. The Parties shall make mutual discovery within 35 days from the date thereof and there shall be inspection of documents within 14 days thereafter.
2. The Parties herein shall also exchange and file witness statements within 42 days after inspection.
3. Unless otherwise directed by the trial judge, the witness statements shall stand as evidence-in-chief at the trial.
Dated this the 9th day of July 2009
| C.Y. Li | Kenneth C.L. Chan |
| Counsel for the Plaintiffs | Counsel for the Defendants |