CHIU MING SUN v. MICHAEL MA WING AND OTHERS

CHIU MING SUN v. MICHAEL MA WING AND OTHERS

The Statement of Claim must be struck out because the plaintiff is precluded by issue estoppel/res judicata and settlement (H.C.A. 1600/79 and the signed Memorandum of Agreement) from relitigating ownership or alleging breaches already resolved; intervening settlement breaks causation for negligence claims; solicitors were protected by counsel's advice; purchaser Celberg was bona fide, so allowing the action to proceed would be an abuse of process.

Citation
CHIU MING SUN v. MICHAEL MA WING AND OTHERS
Parties
Plaintiff: Chiu Ming Sun; 1st Defendant: Michael Ma Wing; 2nd Defendant: Peter Mark Wai Hing; 3rd Defendant: Yat Ming Investment Company Limited; 4th Defendant: Foo Tak Ching; 5th Defendant: Celberg Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 1982
Case Number
HCA7013/1980
Procedural Posture
High Court Civil Action Concerning Share Ownership and Related Equitable Claims / Applications to Strike Out Statement of Claim (pre Trial/interlocutory)
Outcome
Statement of Claim struck out against all defendants as an abuse of process and/or disclosing no reasonable cause of action
Legal Topics
Abuse of Process, Striking Out, Res Judicata, Issue Estoppel, Fiduciary Duty, Negligence, Conversion, Interlocutory Injunction, Settlement and Compromise, Novus Actus Interveniens
Source Language
EN
Civil Procedure Company Law Property Law Equity and Trusts Professional Negligence Abuse of Process Striking Out Res Judicata +7 more

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Parties

Chiu Ming Sun

Plaintiff

Michael Ma Wing

1st Defendant

Peter Mark Wai Hing

2nd Defendant

Yat Ming Investment Company Limited

3rd Defendant

Foo Tak Ching

4th Defendant

Celberg Limited

5th Defendant

Procedural Posture

High Court Civil Action Concerning Share Ownership and Related Equitable Claims / Applications to Strike Out Statement of Claim (pre Trial/interlocutory)

Legal Issues

  1. 1 Whether the Statement of Claim is frivolous, vexatious or an abuse of process and should be struck out
  2. 2 Whether issue estoppel/res judicata arising from H.C.A. 1600/79 and its settlement precludes relitigation of ownership of Yat Ming shares
  3. 3 Whether alleged fiduciary breach by Mr. Ma occurred and whether others participated

Ratio Decidendi

The Statement of Claim must be struck out because the plaintiff is precluded by issue estoppel/res judicata and settlement (H.C.A. 1600/79 and the signed Memorandum of Agreement) from relitigating ownership or alleging breaches already resolved; intervening settlement breaks causation for negligence claims; solicitors were protected by counsel's advice; purchaser Celberg was bona fide, so allowing the action to proceed would be an abuse of process.

Court Disposition

Statement of Claim struck out against all defendants as an abuse of process and/or disclosing no reasonable cause of action

Orders

  • Action struck out against 1st defendant Michael Ma Wing and 3rd defendant Yat Ming Investment Company Limited (res judicata/abuse of process)
  • Action struck out against 2nd defendant Peter Mark Wai Hing (abuse of process; claims fail on estoppel, causation and no basis for an account)