NAZLA AND NORA ENTERPRISES (GAMBIA) LTD v. NG CHI YU AND OTHERS

NAZLA AND NORA ENTERPRISES (GAMBIA) LTD v. NG CHI YU AND OTHERS

The Court of Appeal upheld the Master's assessment of damages and factual findings as open on the evidence, allowed only the conceded arithmetic corrections (US$211.43 and US$900), reduced the Master's award to US$141,768.60, and ordered the 1st and 2nd Defendants to pay that sum with interest and to bear the costs of the appeal (order nisi).

Citation
NAZLA AND NORA ENTERPRISES (GAMBIA) LTD v. NG CHI YU AND OTHERS
Parties
Plaintiff (respondent): NAZLA AND NORA ENTERPRISES (GAMBIA) LTD; 1st Defendant (appellant): NG CHI YU alias BEN NG; 2nd Defendant (appellant): TSU MEI YEE alias SALLY TSU; 3rd Defendant: CHU FUNG YING
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
7 July 2008
Case Number
CACV321/2007
Procedural Posture
Civil Appeal (court of Appeal) / Judgment
Outcome
Appeal dismissed; Master's assessment of damages upheld except for agreed reductions; judgment sum amended to US$141,768.60; costs of appeal ordered nisi against 1st and 2nd Defendants
Legal Topics
Default Judgment, Assessment of Damages, Stock Valuation, Remittances and Credits, Standard of Proof in Civil Proceedings, Interest on Judgment
Source Language
EN
Civil Law Commercial Law Contract and Restitution Fraud and Misappropriation Evidence Appeals Default Judgment Assessment of Damages +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

NAZLA AND NORA ENTERPRISES (GAMBIA) LTD

Plaintiff (respondent)

NG CHI YU alias BEN NG

1st Defendant (appellant)

TSU MEI YEE alias SALLY TSU

2nd Defendant (appellant)

CHU FUNG YING

3rd Defendant

Procedural Posture

Civil Appeal (court of Appeal) / Judgment

Legal Issues

  1. 1 Whether the Master's assessment of damages based on stocktakes was correct
  2. 2 Correct methodology for valuing stock and calculating loss between stock takes
  3. 3 Whether sums received and remitted (Mr Jallow/Algassimiou Jallo/Agasime Diallo) had been credited and should reduce the claim

Ratio Decidendi

The Court of Appeal upheld the Master's assessment of damages and factual findings as open on the evidence, allowed only the conceded arithmetic corrections (US$211.43 and US$900), reduced the Master's award to US$141,768.60, and ordered the 1st and 2nd Defendants to pay that sum with interest and to bear the costs of the appeal (order nisi).

Court Disposition

Appeal dismissed; Master's assessment of damages upheld except for agreed reductions; judgment sum amended to US$141,768.60; costs of appeal ordered nisi against 1st and 2nd Defendants

Orders

  • Master's order amended to US$141,768.60 as the sum payable by the 1st and 2nd Defendants
  • Interest at judgment rate from 9 October 2003 until payment to continue to run on the judgment sum