HK CourtDB
HomeDirectoryMCP
Hong Kong CourtDB
Back to directory
Civil Action2008

KING MING DEVELOPMENT CO LTD AND OTHERS v. LEE KAM SHEUNG AND ANOTHER

67399-EN-2009-07-09

KING MING DEVELOPMENT CO LTD AND OTHERS v. LEE KAM SHEUNG AND ANOTHER

HTML content

   HCA2576/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

   ACTION NO. 2576 OF 2008

-------------------------

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

-------------------------

Before : Hon Yam J in Chambers

Date of Hearing : 9 July 2009

Date of Decision : 9 July 2009

------------------------------

D E C I S I O N

------------------------------

 

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. LiKenneth C.L. Chan
Counsel for the PlaintiffsCounsel for the Defendants