JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

The strike out application was dismissed because the pleaded relief in paragraph 3, read with the amended statement of claim, was not unsustainable as a matter of law: the account and valuation pleaded can operate as the mechanism to quantify damages for the alleged breach and the defendant's contention that the claim impermissibly seeks proprietary relief and double recovery was misconceived and palpably unarguable.

Citation
JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
Parties
1st Plaintiff: JOSE MIRANDA DA COSTA JUNIOR; 2nd Plaintiff: MIRANDA GEMS E MINE LTDA; 1st Defendant: LORENZO YIH (also known as YU CHUAN YIH); 2nd Defendant: PARAIBA LIMITED; 3rd Defendant: MIRANDA GEMS (HK) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 2013
Case Number
HCA156/2010
Procedural Posture
High Court Action (civil Dispute Involving Alleged Partnership, Trust and Company Interests) / Interlocutory Chambers Hearing on Strike Out Application Under Order 18 R 19; Decision and Reasons Given
Outcome
Application to strike out paragraphs 3(a) to (e) dismissed; costs awarded to the plaintiffs; leave to appeal refused
Legal Topics
Breach of Contract, Accounting, Constructive Trust, Declaratory Relief, Strike Out Application, Leave to Appeal
Source Language
EN
Contract Law Equity Company Law Civil Procedure Breach of Contract Accounting Constructive Trust Declaratory Relief +2 more

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Parties

JOSE MIRANDA DA COSTA JUNIOR

1st Plaintiff

MIRANDA GEMS E MINE LTDA

2nd Plaintiff

LORENZO YIH (also known as YU CHUAN YIH)

1st Defendant

PARAIBA LIMITED

2nd Defendant

MIRANDA GEMS (HK) LIMITED

3rd Defendant

Procedural Posture

High Court Action (civil Dispute Involving Alleged Partnership, Trust and Company Interests) / Interlocutory Chambers Hearing on Strike Out Application Under Order 18 R 19; Decision and Reasons Given

Legal Issues

  1. 1 Whether paragraphs 3(a) to (e) of the prayer seeking an account and payment of fair value are sustainable as a matter of law
  2. 2 Whether an account and payment of fair value can be ordered where the claim is for breach of contract (damages) rather than proprietary relief
  3. 3 Whether the plaintiff can maintain both an asserted beneficial ownership and a claim for payment of the value of that ownership

Ratio Decidendi

The strike out application was dismissed because the pleaded relief in paragraph 3, read with the amended statement of claim, was not unsustainable as a matter of law: the account and valuation pleaded can operate as the mechanism to quantify damages for the alleged breach and the defendant's contention that the claim impermissibly seeks proprietary relief and double recovery was misconceived and palpably unarguable.

Court Disposition

Application to strike out paragraphs 3(a) to (e) dismissed; costs awarded to the plaintiffs; leave to appeal refused

Orders

  • Strike out application dismissed with costs in favour of the plaintiffs
  • Application for leave to appeal refused