Hong Jing Co Ltd v Zhuhai Kwok Yuen Investment Co Ltd

CourtCourt of Final Appeal (Hong Kong)
Judgment Date12 Apr 2013
Judgement NumberFAMV1/2013
SubjectMiscellaneous Proceedings (Civil)
FAMV2/2013 HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD

FAMV Nos 1, 2, 4 and 5 of 2013

FAMV No. 1 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 1 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 63 OF 2011)

_____________________

Between:

HONG JING COMPANY LIMITED
(泓景置業發展有限公司)
Applicant
and
ZHUHAI KWOK YUEN INVESTMENT COMPANY LIMITED
(珠海市國源投資有限公司)
Respondent

_____________________

FAMV No. 2 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 2 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 254 OF 2011)

_____________________

Between:

HONG JING COMPANY LIMITED
(泓景置業發展有限公司)
Applicant
and
ZHUHAI KWOK YUEN INVESTMENT COMPANY LIMITED
(珠海市國源投資有限公司)
Respondent

_____________________

FAMV No. 4 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 4 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 63 OF 2011)

_____________________

Between:

HONG JING COMPANY LIMITED
(泓景置業發展有限公司)
Plaintiff/
Respondent
and
ZHUHAI KWOK YUEN INVESTMENT COMPANY LIMITED
(珠海市國源投資有限公司)
Defendant/
Applicant

_____________________

FAMV No. 5 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO.5 OF 2013 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO.254 OF 2011)

_____________________

Between:

HONG JING COMPANY LIMITED
(泓景置業發展有限公司)
Plaintiff/
Respondent
and
ZHUHAI KWOK YUEN INVESTMENT COMPANY LIMITED
(珠海市國源投資有限公司)
Defendant/
Applicant

_____________________

Appeal Committee: Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Mr Justice Tang PJ
Hearing and Decision: 9 April 2013
Handing Down of Reasons: 12 April 2013

_________________________

DETERMINATION

_________________________

Mr Justice Ribeiro PJ:

1. Reserving our reasons, we dismissed the plaintiff’s leave applicant with costs and granted the defendant an extension of time for applying for leave to appeal in respect of one of the questions sought to be raised. These are our reasons.

2. The plaintiff sued the defendant for breach of contract and breach of fiduciary duty in connection with an unsuccessful attempt by the plaintiff to take over certain debts and properties held by the defendant pursuant to an agreement reached between the parties. Those assets were in fact transferred by the defendant to a third party under a subsequent agreement.

3. After trial, Yam J[1] found in favour of the plaintiff but his judgment was set aside and a retrial ordered by the Court of Appeal[2] which held that findings essential to establishing liability had not been made by the Judge. The missing findings were held to be necessary for deciding whether there was a breach and if so, whether there was a causal connection between breach and loss.

4. The plaintiff applied to the Appeal Committee for leave to appeal against the Court of Appeal’s order for a retrial. Mr Denis Chang SC sought to argue that such leave was as of right on the basis that it came within the second limb of section 22(1)(a) of the Court’s statute, it being submitted that the claim was...

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