TING YUK AND OTHERS v. TING YEE WA AND OTHERS

TING YUK AND OTHERS v. TING YEE WA AND OTHERS

Because the re-amendments did not alter the basis or quantum of the claims, there was no new evidence to displace the prior findings, and the 4th Defendant failed to participate and had her defence struck out, the Court was entitled to adopt the findings and calculations from the 1st Assessment of Damages Judgment (with corrected arithmetic errors) and to award the same damages, interest and costs against the 4th Defendant jointly and severally with the other defendants.

Citation
[2023] HKCFI 2052
Parties
1st Plaintiff: TING YUK; 2nd Plaintiff: IP WAI MAN; 3rd Plaintiff: TING LAI SHAN; 1st Defendant: TING YEE WA; 2nd Defendant: CHAN SIK YING; 3rd Defendant: TING YAU KAR; 4th Defendant: TING YAU LI; 5th Defendant: TSOPANIDIS NICHOLAS
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 August 2023
Case Number
HCA422/2012
Procedural Posture
Assessment of Damages Arising From Fraudulent Misrepresentation / Assessment Hearing and Reasons for Judgment (interlocutory Judgment Previously Set Aside as to 4th Defendant)
Outcome
Judgment for the Plaintiffs. The 4th Defendant ordered to pay damages, interest and costs as set out.
Legal Topics
Fraudulent Misrepresentation, Interlocutory Judgment and Setting Aside, Adoption of Prior Findings, Assessment of Damages, Pre Judgment Interest, Costs Order Nisi
Source Language
EN
Fraud Civil Procedure Remedies Costs Interest Fraudulent Misrepresentation Interlocutory Judgment and Setting Aside Adoption of Prior Findings +3 more

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Parties

TING YUK

1st Plaintiff

IP WAI MAN

2nd Plaintiff

TING LAI SHAN

3rd Plaintiff

TING YEE WA

1st Defendant

CHAN SIK YING

2nd Defendant

TING YAU KAR

3rd Defendant

TING YAU LI

4th Defendant

TSOPANIDIS NICHOLAS

5th Defendant

Procedural Posture

Assessment of Damages Arising From Fraudulent Misrepresentation / Assessment Hearing and Reasons for Judgment (interlocutory Judgment Previously Set Aside as to 4th Defendant)

Legal Issues

  1. 1 Whether the Court should adopt the findings and award from the prior assessment of damages as against the 4th Defendant
  2. 2 Whether the re-amendments to the Statement of Claim or absence of the 4th Defendant justify altering the prior assessment
  3. 3 Proper quantum of damages to be awarded against the 4th Defendant and applicable interest periods and rates

Ratio Decidendi

Because the re-amendments did not alter the basis or quantum of the claims, there was no new evidence to displace the prior findings, and the 4th Defendant failed to participate and had her defence struck out, the Court was entitled to adopt the findings and calculations from the 1st Assessment of Damages Judgment (with corrected arithmetic errors) and to award the same damages, interest and costs against the 4th Defendant jointly and severally with the other defendants.

Court Disposition

Judgment for the Plaintiffs. The 4th Defendant ordered to pay damages, interest and costs as set out.

Orders

  • The 4th Defendant do pay the 1st and 2nd Plaintiffs, jointly and severally with the 1st, 2nd, 3rd and 5th Defendants, the sum of HK$5,507,286.06 and A$1,384,303.96 for damages arising out of the fraud practised upon the 1st and 2nd Plaintiffs.
  • For damages in relation to the remittances (HK$1,275,039.11 and A$1,384,303.96) the 4th Defendant do pay the 1st and 2nd Plaintiffs, jointly and severally with the other defendants, pre-judgment interest at the commercial rate plus 1% from the respective dates of payment until date of judgment (25 October 2022) and...