WU KA YAN DOROTHY AND ANOTHER v. ULTIMATE PC AND MAC GALLERY LTD

WU KA YAN DOROTHY AND ANOTHER v. ULTIMATE PC AND MAC GALLERY LTD

The court rejected defendants' account that the HK$662,800 was authorised reimbursement for watches gifted by Lung, found by inference that D1, D2 and D3 conspired to misappropriate company funds, held them jointly and severally liable for net damages of HK$157,800, dismissed the counterclaims for loans, found D2 liable for the Japan trip subsidy of HK$8,432, and held that summary dismissal of D1 and D3 was justified; plaintiff awarded costs of the actions but only half of the trial costs, with an adverse costs finding for late discovery.

Citation
[2018] HKDC 915
Parties
Plaintiff (dccj 1320) and Defendant (dccj 2681): Ultimate PC and Mac Gallery Limited; 1st Defendant (dccj 1320) and 1st Plaintiff (dccj 2681): Wu Ka Yan Dorothy; 2nd Defendant (dccj 1320): Ng King Fai; 3rd Defendant (dccj 1320) and 2nd Plaintiff (dccj 2681): Cheng Siu Choi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 August 2018
Case Number
DCCJ2681/2015
Procedural Posture
Civil Consolidated District Court Actions (dccj 1320/2015 & DCCJ 2681/2015) / Judgment (after Trial)
Outcome
DCCJ 1320/2015: judgment for plaintiff in part; D1, D2 and D3 jointly and severally liable for damages. Counterclaims dismissed. DCCJ 2681/2015: action dismissed (summary dismissal justified). Costs awarded to plaintiff but limited to half of trial costs and adverse cost consequences for late discovery.
Legal Topics
Misappropriation, Unlawful Means Conspiracy, Dishonest Assistance, Employment Termination, Long Service Payment, Payment in Lieu of Notice, Discovery and Costs, Accounting Records/dynamic System
Source Language
EN
Civil Employment Commercial Equity and Trusts Tort Civil Procedure Misappropriation Unlawful Means Conspiracy +6 more

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Parties

Ultimate PC and Mac Gallery Limited

Plaintiff (dccj 1320) and Defendant (dccj 2681)

Wu Ka Yan Dorothy

1st Defendant (dccj 1320) and 1st Plaintiff (dccj 2681)

Ng King Fai

2nd Defendant (dccj 1320)

Cheng Siu Choi

3rd Defendant (dccj 1320) and 2nd Plaintiff (dccj 2681)

Procedural Posture

Civil Consolidated District Court Actions (dccj 1320/2015 & DCCJ 2681/2015) / Judgment (after Trial)

Legal Issues

  1. 1 Whether the HK$662,800 transfer constituted misappropriation or was authorised reimbursement as a 'gift' for watches
  2. 2 Whether D1, D2 and D3 conspired or dishonestly assisted in misappropriation
  3. 3 Whether payments made by D1 and D2 to the company were loans or repayments for the watches

Ratio Decidendi

The court rejected defendants' account that the HK$662,800 was authorised reimbursement for watches gifted by Lung, found by inference that D1, D2 and D3 conspired to misappropriate company funds, held them jointly and severally liable for net damages of HK$157,800, dismissed the counterclaims for loans, found D2 liable for the Japan trip subsidy of HK$8,432, and held that summary dismissal of D1 and D3 was justified; plaintiff awarded costs of the actions but only half of the trial costs, with an adverse costs finding for late discovery.

Court Disposition

DCCJ 1320/2015: judgment for plaintiff in part; D1, D2 and D3 jointly and severally liable for damages. Counterclaims dismissed. DCCJ 2681/2015: action dismissed (summary dismissal justified). Costs awarded to plaintiff but limited to half of trial costs and adverse cost consequences for late discovery.

Orders

  • D1 to D3 shall be jointly and severally liable to pay the plaintiff damages in the sum of HK$157,800
  • The counterclaim of D1 and D2 is dismissed