Chinese Arts and Craft (H.K.) Ltd. and Others v. Chan Kin Chung and Others

Chinese Arts and Craft (H.K.) Ltd. and Others v. Chan Kin Chung and Others

The court accepted the plaintiffs' valuations (as supported by adjusters), held participating defendants jointly and severally liable for conversion, allowed deductions for compensation and restitution previously received, quantified and awarded damages to each plaintiff accordingly, awarded interest at 1% above prime from writ to judgment and judgment interest thereafter, and granted costs nisi for the assessment hearing.

Citation
Chinese Arts and Craft (H.K.) Ltd. and Others v. Chan Kin Chung and Others
Parties
1st Plaintiff: Chinese Arts and Craft (H.K.) Ltd; 2nd Plaintiff: Chen Brothers Arts Co.; 3rd Plaintiff: Mabros Jewellery Co Ltd; 4th Plaintiff: Ricco Ricco Jewellery Ltd; 5th Plaintiff: Jewellery Flair Ltd; 6th Plaintiff: Victoria Jewellery Co.; 7th Plaintiff: Crawford-THG (H.K.) Ltd (assignee of Pakuse Limited t/a Windsor Joailliers); 8th Plaintiff: Grand Jewellery Co. Ltd; 1st Defendant: CHAN Kin-chung; 2nd Defendant: CHAN Man-chi; 3rd Defendant: CHOY Sze-man, Mandy; 4th Defendant: HO Shu-wing; 5th Defendant: HO Suet-ping; 6th Defendant: HO Tung-shing alias HO Pak Kai; 7th Defendant: LEE Chun-man; 8th Defendant: LEE Tak-wah; 9th Defendant: TANG Yuk-tong; 10th Defendant: TSANG Chi-fung; 11th Defendant: CHANG Wen-hwei; 12th Defendant: AU Sick Fong, Candy
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 2001
Case Number
HCA9123/1991
Procedural Posture
Civil Action for Conversion Damages Assessment / Assessment Hearing and Judgment on Damages (master's Judgment)
Outcome
Judgment for Plaintiffs 2 to 8 on assessment of damages for conversion; specified sums awarded against listed defendants, interest and costs awarded.
Legal Topics
Conversion, Damages Assessment, Joint and Several Liability, Restitution, Compensation Orders, Interest, Costs
Source Language
EN
Civil Tort Property Criminal Proceedings (related) Conversion Damages Assessment Joint and Several Liability Restitution +3 more

Case Brief

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Parties

Chinese Arts and Craft (H.K.) Ltd

1st Plaintiff

Chen Brothers Arts Co.

2nd Plaintiff

Mabros Jewellery Co Ltd

3rd Plaintiff

Ricco Ricco Jewellery Ltd

4th Plaintiff

Jewellery Flair Ltd

5th Plaintiff

Victoria Jewellery Co.

6th Plaintiff

Crawford-THG (H.K.) Ltd (assignee of Pakuse Limited t/a Windsor Joailliers)

7th Plaintiff

Grand Jewellery Co. Ltd

8th Plaintiff

CHAN Kin-chung

1st Defendant

CHAN Man-chi

2nd Defendant

CHOY Sze-man, Mandy

3rd Defendant

HO Shu-wing

4th Defendant

HO Suet-ping

5th Defendant

HO Tung-shing alias HO Pak Kai

6th Defendant

LEE Chun-man

7th Defendant

LEE Tak-wah

8th Defendant

TANG Yuk-tong

9th Defendant

TSANG Chi-fung

10th Defendant

CHANG Wen-hwei

11th Defendant

AU Sick Fong, Candy

12th Defendant

Procedural Posture

Civil Action for Conversion Damages Assessment / Assessment Hearing and Judgment on Damages (master's Judgment)

Legal Issues

  1. 1 quantification of property stolen and value at date of conversion
  2. 2 appropriate offsets for compensation and restitution awarded in criminal proceedings
  3. 3 application of joint and several liability among participating defendants

Ratio Decidendi

The court accepted the plaintiffs' valuations (as supported by adjusters), held participating defendants jointly and severally liable for conversion, allowed deductions for compensation and restitution previously received, quantified and awarded damages to each plaintiff accordingly, awarded interest at 1% above prime from writ to judgment and judgment interest thereafter, and granted costs nisi for the assessment hearing.

Court Disposition

Judgment for Plaintiffs 2 to 8 on assessment of damages for conversion; specified sums awarded against listed defendants, interest and costs awarded.

Orders

  • D1, D2, D3, D4, D5, D6, D7, D8, D9 and D10 to pay the 2nd Plaintiff HK$6,419,756.38
  • D1, D3, D5, D6, D7, D8, D9, D11 and D12 to pay the 3rd Plaintiff HK$23,897,937.84