KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS

KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS

The appeal is dismissed because the plaintiffs succeeded on arguments that did not involve the contested Chinese translation, so the disputed translation did not need to be resolved; accordingly the appellants' challenge failed and costs are awarded to the plaintiffs to be taxed on a party and party basis.

Citation
KAO TOM v. LONGERSON CONSTRUCTION LTD. AND OTHERS
Parties
1st Plaintiff (deceased Represented): KAO TOM alias KAO ZIEG KAY alias Z.K. KAO alias KAO SHEK KI (deceased); 2nd Plaintiff (administratrix): TSAO SAU MEI (the administratrix of the estate of Kao Tom); 3rd Plaintiff: KAO ELIZABETH YUET HA; 4th Plaintiff: KAO TOM MING FUNG alias KAO MING FUNG DAVID; 1st Defendant (appellant): LONGERSON CONSTRUCTION LIMITED; 2nd Defendant (appellant): LONGERSON ESTATE AGENCY; 3rd Defendant (appellant): MO MAN TSANG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2000
Case Number
HCMP5169/1999
Procedural Posture
Miscellaneous Proceedings Under Order 113, Rules of the High Court (cap.4); Appeal From Interlocutory/procedural Ruling / Appeal Heard in Chambers; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Appeal Dismissal, Costs (party and Party), Translation/interpretation Dispute, Representation of Deceased Estate
Source Language
EN
Civil Procedure Property Law Probate/administration of Estate Appeal Dismissal Costs (party and Party) Translation/interpretation Dispute Representation of Deceased Estate

Case Brief

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Parties

KAO TOM alias KAO ZIEG KAY alias Z.K. KAO alias KAO SHEK KI (deceased)

1st Plaintiff (deceased Represented)

TSAO SAU MEI (the administratrix of the estate of Kao Tom)

2nd Plaintiff (administratrix)

KAO ELIZABETH YUET HA

3rd Plaintiff

KAO TOM MING FUNG alias KAO MING FUNG DAVID

4th Plaintiff

LONGERSON CONSTRUCTION LIMITED

1st Defendant (appellant)

LONGERSON ESTATE AGENCY

2nd Defendant (appellant)

MO MAN TSANG

3rd Defendant (appellant)

Procedural Posture

Miscellaneous Proceedings Under Order 113, Rules of the High Court (cap.4); Appeal From Interlocutory/procedural Ruling / Appeal Heard in Chambers; Judgment Delivered

Legal Issues

  1. 1 Whether the plaintiffs succeed on grounds that obviate resolving a disputed Chinese translation
  2. 2 Whether the appeal by the defendants should be allowed
  3. 3 Whether costs should be awarded and the basis for taxation

Ratio Decidendi

The appeal is dismissed because the plaintiffs succeeded on arguments that did not involve the contested Chinese translation, so the disputed translation did not need to be resolved; accordingly the appellants' challenge failed and costs are awarded to the plaintiffs to be taxed on a party and party basis.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to be taxed on a party and party basis in favour of the plaintiffs