Pacific Electric Wire & Cable Co Ltd v Harmutty Ltd And Others

Judgment Date05 June 2009
CourtCourt of Appeal (Hong Kong)
Judgement NumberCACV352/2008
Subject MatterCivil Appeal
CACV000208D/2008 PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS

CACV 208/2008, CACV 210/2008, CACV 211/2008, CACV 212/2008,
CACV 351/2008 AND CACV 352/2008

CACV 208/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 208 OF 2008

(ON APPEAL FROM HCA NO. 2763 OF 2004)

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

BETWEEN

PACIFIC ELECTRIC WIRE
& CABLE COMPANY LIMITED
Plaintiff
and
HARMUTTY LIMITED 1st Defendant
HADDOWE LIMITED 2nd Defendant
CASPARSON PROPERTIES LIMITED 3rd Defendant
HU HUNG CHIU (胡洪九) 4th Defendant
YIP CHI HUNG (葉稚雄) 5th Defendant
CHUNG CHE LING (鍾子陵) 6th Defendant
TUNG YU JEH (仝玉潔) 7th Defendant
SUN TAO TSUN (孫道存) 8th Defendant
TAM PUI NA, RAFIA (譚佩娜) 9th Defendant
WONG KUN TO (黃勤道) 10th Defendant
CHEUNG KWAN HUNG, ANTHONY
(張鈞鴻)
11th Defendant
AFTERVILLE LIMITED 12th Defendant
NEE SOON LIMITED 13th Defendant
SHOWGROUND LIMITED 14th Defendant
BERRIDALE DEVELOPMENTS LIMITED 15th Defendant
JUTECH INVESTMENTS LIMITED 16th Defendant
ALL DRAGON INTERNATIONAL LIMITED 17th Defendant
BLINCO ENTERPRISES LIMITED 18th Defendant
PATAGONIA LIMITED 19th Defendant
MA KAM FOOK, ROBERT (馬金福) 20th Defendant
HU SUN MAR LI (胡孫瑪琍) 21st Defendant

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

AND

CACV 210/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 210 OF 2008

(ON APPEAL FROM HCA NO. 2203 OF 2004)

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

BETWEEN

PACIFIC ELECTRIC WIRE & CABLE COMPANY LIMITED Plaintiff
and
TEXAN MANAGEMENT LIMITED 1st Defendant
CLIPPER INVESTMENT LIMITED
(FORMERLY KNOWN AS PACIFIC CAPITAL (INVESTMENT) LIMITED)
2nd Defendant
PACIFIC CAPITAL (ASIA) LIMITED 3rd Defendant
ALL DRAGON INTERNATIONAL LIMITED 4th Defendant
PCL HOLDINGS LIMITED
(FORMERLY KNOWN AS PACIFIC CAPITAL (HOLDINGS) LIMITED)
5th Defendant
LAIDLAW PACIFIC FINANCIAL SERVICES
(HOLDINGS) LIMITED
(FORMERLY KNOWN AS PACIFIC CAPITAL FINANCIAL SERVICES (HOLDINGS) LIMITED)
6th Defendant
SUPER WISH LIMITED 7th Defendant
HU HUNG CHIU(胡洪九) 8th Defendant
WONG KUN TO(黃勤道) 9th Defendant
CHEUNG KWAN HUNG, ANTHONY(張鈞鴻) 10th Defendant
MA KAM FOOK, ROBERT(馬金褔) 11th Defendant
CHENG SHU WING(鄭樹榮) 12th Defendant
TUNG YU JEH(仝玉潔) 13th Defendant
SUN TAO TSUN(孫道存) 14th Defendant
PANG HONG(龐鴻) 15th Defendant

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

AND

CACV 211/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 211 OF 2008

(ON APPEAL FROM HCA NO. 2746 OF 2004)

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

BETWEEN

PACIFIC ELECTRIC WIRE & CABLE COMPANY LIMITED Plaintiff
and
GOLD GLOBAL LIMITED 1st Defendant
PCL NOMINEES LIMITED 2nd Defendant
GREATEAM LIMITED 3rd Defendant
HU HUNG CHIU(胡洪九) 4th Defendant
CHUNG CHE LING(鍾子陵) 5th Defendant
YIP CHI HUNG(葉稚雄) 6th Defendant
TAM PUI NA, RAFIA(譚佩娜) 7th Defendant
HARMUTTY LIMITED 8th Defendant

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

AND

CACV 212/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 212 OF 2008

(ON APPEAL FROM HCA NO. 2763 OF 2004)

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

BETWEEN

PACIFIC ELECTRIC WIRE & CABLE COMPANY LIMITED Plaintiff
and
HARMUTTY LIMITED 1st Defendant
HADDOWE LIMITED 2nd Defendant
CASPARSON PROPERTIES LIMITED 3rd Defendant
HU HUNG CHIU(胡洪九) 4th Defendant
YIP CHI HUNG(葉稚雄) 5th Defendant
CHUNG CHE LING(鍾子陵) 6th Defendant
TUNG YU JEH(仝玉潔) 7th Defendant
SUN TAO TSUN(孫道存) 8th Defendant
TAM PUI NA, RAFIA(譚佩娜) 9th Defendant
WONG KUN TO(黃勤道) 10th Defendant
CHEUNG KWAN HUNG, ANTHONY(張鈞鴻) 11th Defendant
AFTERVILLE LIMITED 12th Defendant
NEE SOON LIMITED 13th Defendant
SHOWGROUND LIMITED 14th Defendant
BERRIDALE DEVELOPMENTS LIMITED 15th Defendant
JUTECH INVESTMENTS LIMITED 16th Defendant
ALL DRAGON INTERNATIONAL LIMITED 17th Defendant
BLINCO ENTERPRISES LIMITED 18th Defendant
PATAGONIA LIMITED 19th Defendant
MA KAM FOOK, ROBERT(馬金褔) 20th Defendant
HU SUN MAR LI(胡孫瑪琍) 21st Defendant

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

AND

CACV 351/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 351 OF 2008

(ON APPEAL FROM HCA NO. 2746 OF 2004)

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

BETWEEN

PACIFIC ELECTRIC WIRE & CABLE
COMPANY LIMITED
Plaintiff
and
GOLD GLOBAL LIMITED 1st Defendant
PCL NOMINEES LIMITED 2nd Defendant
GREATEAM LIMITED 3rd Defendant
HU HUNG CHIU(胡洪九) 4th Defendant
CHUNG CHE LING(鍾子陵) 5th Defendant
YIP CHI HUNG(葉稚雄) 6th Defendant
TAM PUI NA, RAFIA(譚佩娜) 7th Defendant
HARMUTTY LIMITED 8th Defendant

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

AND

CACV 352/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 352 OF 2008

(ON APPEAL FROM HCA NO. 2763 OF 2004)

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

BETWEEN

PACIFIC ELECTRIC WIRE & CABLE COMPANY LIMITED Plaintiff
and
HARMUTTY LIMITED 1st Defendant
HADDOWE LIMITED 2nd Defendant
CASPARSON PROPERTIES LIMITED 3rd Defendant
HU HUNG CHIU(胡洪九) 4th Defendant
YIP CHI HUNG(葉稚雄) 5th Defendant
CHUNG CHE LING(鍾子陵) 6th Defendant
TUNG YU JEH(仝玉潔) 7th Defendant
SUN TAO TSUN(孫道存) 8th Defendant
TAM PUI NA, RAFIA(譚佩娜) 9th Defendant
WONG KUN TO(黃勤道) 10th Defendant
CHEUNG KWAN HUNG, ANTHONY(張鈞鴻) 11th Defendant
AFTERVILLE LIMITED 12th Defendant
NEE SOON LIMITED 13th Defendant
SHOWGROUND LIMITED 14th Defendant
BERRIDALE DEVELOPMENTS LIMITED 15th Defendant
JUTECH INVESTMENTS LIMITED 16th Defendant
ALL DRAGON INTERNATIONAL LIMITED 17th Defendant
BLINCO ENTERPRISES LIMITED 18th Defendant
PATAGONIA LIMITED 19th Defendant
MA KAM FOOK, ROBERT (馬金褔) 20th Defendant
HU SUN MAR LI (胡孫瑪琍) 21st Defendant

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

(Heard together)

Before: Hon Rogers VP and Le Pichon JA in Court

Date of Hearing: 5 June 2009

Date of Judgment: 5 June 2009

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

J U D G M E N T

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

Hon Rogers VP:

1. In this case, this Court has made clear that, quite apart from anything else, it does not consider that this matter was fit for Order 14. So if one considers the criteria for granting leave in interlocutory appeals, I regret that whether or not there is a question of great general or public importance as regards whether the exact wording of Order 14 rule 1(2) and the exclusion of actions which include a claim by the Plaintiff based on an allegation of fraud and whether that means that an Order 14 application can be made, notwithstanding that the underlying root cause of the action as pleaded is based on fraud, or whether, as the Plaintiff says, it can seek ancillary relief, even though it says that it does not rely on the allegation of fraud, that is a matter in respect of which I would not give leave to appeal.

2. When the matter is considered in the round, even if that is...

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