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Wan Chi Hing v Strong Master Corporation Ltd

Judgment Cited in Precedent Map Related
Vincent
Judgment Date23 July 2007
CourtDistrict Court (Hong Kong)
Judgement NumberDCCJ1498/2006
Subject MatterCivil Action
DCCJ000592/2006 WAN CHI HING v. WONG CHUNG KAI t/a KAI HING TRADING CO

DCCJ 592/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 592 OF 2006

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BETWEEN

　 WAN CHI HING Plaintiff
　 And 　
　 WONG CHUNG KAI trading as KAI HING
TRADING COMPANY		 Defendant

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DCCJ 1365/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1365 OF 2006

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BETWEEN

　 SUPER EASTERN LIMITED Plaintiff
　 And 　
　 HARBOUR BASE PROPERTIES LIMITED Defendant

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DCCJ 1497 AND 1498/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1497 AND 1498 OF 2006

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

BETWEEN

　 WAN CHI HING Plaintiff
　 And 　
　 STRONG MASTER CORPORATION LIMITED Defendant

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DCCJ 1673/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1673 OF 2006

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

BETWEEN

　 WAN CHI HING Plaintiff
　 And 　
　 LAU WAI FUN trading as FAN’S TRADING 　Defendant
　 COMPANY 　

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Coram: Deputy District Judge Abu B. bin Wahab (in Chambers, open to public)

Date of Hearing: 18 May 2007

Date of Decision: 23 July 2007

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D E C I S I O N

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1. This is an application for various actions to be tried together at the same time or, alternatively, one immediately after the other by the same judge.

2. Alleging breaches of various written agreements entered into on divers dates, Mr. Wan (“Mr. Wan”) has sued Mr. Wong (“Mr. Wong”) and other defendants. The actions brought are DCCJ 592/2006, 1497/2006, 1498/2006 and 1673/2006. Pursuant to a Consent Order dated 5 January 2006, DCCJ 1497/2006 and 1498/2006 were consolidated (see Hearing Bundle pages 100 to 102).

3. The written agreements provided to the effect that the party contracting with Mr. Wan (“the other contracting party”, which was either Mr. Wong or one of the other defendants) would manage or operate car parks on land leased from the government by the other contracting party. Mr. Wan was to contribute certain sums towards the running of the car parks. In return, Mr. Wan would get a share of the profits. The dispute (in essence and in gist) was this: Mr. Wan alleged that he had made all the necessary or required contributions under the relevant contract but the other contracting party had made wrongful deductions from his entitlement or wrongfully failed to pay him his share of profits. The other contracting party contended that deductions made were legitimate and as per contract, Mr. Wan failed to make his contribution in time or at all, certain sums claimed had already been paid in full satisfaction and Mr. Wan had wrongfully repudiated the particular contract. I realize that I am generalizing here and that not every contention just mentioned applies to all the actions. I am satisfied, however, that such generalization suffices for present purposes. It is noted, however, that in each case the other contracting party alleged that the written contract was made pursuant to and as a result of a prior general agreement between Mr. Wan and Mr. Wong. As I understand it...

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