GOLDEN COSMOS TRADING LTD. v. LUI KWOK KWONG t/a WELL-PLUS FASHION CO.

GOLDEN COSMOS TRADING LTD. v. LUI KWOK KWONG t/a WELL-PLUS FASHION CO.

The claimant failed to prove that the original joint venture remained binding or that the plaintiff had validly assigned its contractual interest to the defendant; therefore the claimant did not discharge the burden of proof and judgment is entered for the defendant in the issue with entitlement to the money paid into court.

Citation
GOLDEN COSMOS TRADING LTD. v. LUI KWOK KWONG t/a WELL-PLUS FASHION CO.
Parties
Plaintiff in Main Action; Defendant in the Issue: LUI KWOK KWONG trading as WELL-PLUS FASHION COMPANY; Defendant in Main Action (paid Money Into Court): MACHAN LIMITED; Claimant in Main Action; Plaintiff in the Issue: GOLDEN COSMOS TRADING LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 1999
Case Number
HCA11099/1996
Procedural Posture
Interpleader; Trial of Issue Arising From Interpleader / Judgment Handed Down After Trial of Issue
Outcome
Judgment for the defendant in the issue; plaintiff's claim in the issue dismissed
Legal Topics
Joint Venture, Assignment of Contractual Rights, Sub Contracting, Payment Into Court, Burden of Proof in Interpleader
Source Language
EN
Contract Law Civil Procedure Property (title to Money) Interpleader Proceedings Joint Venture Assignment of Contractual Rights Sub Contracting Payment Into Court +1 more

Case Brief

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Parties

LUI KWOK KWONG trading as WELL-PLUS FASHION COMPANY

Plaintiff in Main Action; Defendant in the Issue

MACHAN LIMITED

Defendant in Main Action (paid Money Into Court)

GOLDEN COSMOS TRADING LIMITED

Claimant in Main Action; Plaintiff in the Issue

Procedural Posture

Interpleader; Trial of Issue Arising From Interpleader / Judgment Handed Down After Trial of Issue

Legal Issues

  1. 1 Whether the sum of $218,070.08 paid into court belonged to the claimant/plaintiff in the issue as against the defendant in the issue
  2. 2 Whether the plaintiff in the main action assigned its interest in the five contracts to the defendant by the letter of 12 October 1995 or otherwise
  3. 3 Whether the original joint venture between the parties continued at the material time or had been replaced by a different arrangement

Ratio Decidendi

The claimant failed to prove that the original joint venture remained binding or that the plaintiff had validly assigned its contractual interest to the defendant; therefore the claimant did not discharge the burden of proof and judgment is entered for the defendant in the issue with entitlement to the money paid into court.

Court Disposition

Judgment for the defendant in the issue; plaintiff's claim in the issue dismissed

Orders

  • Judgment for the defendant in the issue
  • Plaintiff's claim dismissed