SILVER STONE DEVELOPMENT LTD. AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS

SILVER STONE DEVELOPMENT LTD. AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS

There is a real issue to be tried as to the authenticity of the 2nd Power of Attorney based on signature discrepancies and the unexplained delay in production; that triable issue defeats the strike out application because the plaintiffs' claim of conversion cannot be regarded as frivolous or an abuse of process absent trial of the authenticity and authority issues. The Master's refusal to strike out was correct and the appeal is dismissed with costs.

Citation
SILVER STONE DEVELOPMENT LTD. AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS
Parties
1st Plaintiff: SILVER STONE DEVELOPMENT LIMITED; 2nd Plaintiff: LUI YUE YUN, GARY; 1st Defendant: LAU KWONG CHING, JAMES; 2nd Defendant: EDWARD KWOK; 3rd Defendant: CARRIER STOCK INVESTMENT COMPANY LIMITED; 4th Defendant: HO PUI TSUN, PETER; 5th Defendant: SZETO JOSEPH; 1st Third Party: KWOK WAI TAK, EDWARD; 2nd Third Party: ASIA GLORY HOLDINGS LIMITED; 3rd Third Party: HO PUI TSUN, PETER; 4th Third Party: SZETO JOSEPH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2001
Case Number
HCA2206/2000
Procedural Posture
Appeal From Interlocutory Decision (application to Strike Out) / Decision on Appeal in Chambers
Outcome
Appeal dismissed with costs
Legal Topics
Conversion, Power of Attorney, Agency and Authority, Strike Out/application to Dismiss, Authenticity of Documents, Interlocutory Appeal
Source Language
EN
Tort Property Company Law Civil Procedure Conversion Power of Attorney Agency and Authority Strike Out/application to Dismiss +2 more

Case Brief

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Parties

SILVER STONE DEVELOPMENT LIMITED

1st Plaintiff

LUI YUE YUN, GARY

2nd Plaintiff

LAU KWONG CHING, JAMES

1st Defendant

EDWARD KWOK

2nd Defendant

CARRIER STOCK INVESTMENT COMPANY LIMITED

3rd Defendant

HO PUI TSUN, PETER

4th Defendant

SZETO JOSEPH

5th Defendant

KWOK WAI TAK, EDWARD

1st Third Party

ASIA GLORY HOLDINGS LIMITED

2nd Third Party

HO PUI TSUN, PETER

3rd Third Party

SZETO JOSEPH

4th Third Party

Procedural Posture

Appeal From Interlocutory Decision (application to Strike Out) / Decision on Appeal in Chambers

Legal Issues

  1. 1 Whether the 2nd Power of Attorney relied upon by the defendant is authentic
  2. 2 Whether the 3rd Defendant had lawful consent/authority to deal with the shares
  3. 3 Whether handing share certificates to HKSCCL and subsequent electronic transfers can constitute conversion

Ratio Decidendi

There is a real issue to be tried as to the authenticity of the 2nd Power of Attorney based on signature discrepancies and the unexplained delay in production; that triable issue defeats the strike out application because the plaintiffs' claim of conversion cannot be regarded as frivolous or an abuse of process absent trial of the authenticity and authority issues. The Master's refusal to strike out was correct and the appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs