MEIKO TRANS CO LTD AND ANOTHER v. CHAN KWAN YIU t/a CHIN FUNG INTERNATIONAL TRADING CO AND ANOTHER

MEIKO TRANS CO LTD AND ANOTHER v. CHAN KWAN YIU t/a CHIN FUNG INTERNATIONAL TRADING CO AND ANOTHER

The plaintiffs, as bailees for the owner Kee's who retained the original bill of lading, had the immediate right to possession; the defendants failed to prove that plaintiffs' right was extinguished by misdelivery, waiver, or that the defendants acquired good title from Baizhi; there was no adequate factual basis for a s3 Factors Ordinance defence; accordingly there were no triable issues and summary judgment was appropriate against the 2nd defendant.

Citation
MEIKO TRANS CO LTD AND ANOTHER v. CHAN KWAN YIU t/a CHIN FUNG INTERNATIONAL TRADING CO AND ANOTHER
Parties
1st Plaintiff: MEIKO TRANS CO LTD; 2nd Plaintiff: MEIKO TRANS (HONG KONG) CO LTD; 1st Defendant: CHAN KWAN YIU t/a CHIN FUNG INTERNATIONAL TRADING CO; 2nd Defendant: CHEN MINYI t/a YAO HUA INTERNATIONAL DEVELOPMENT CO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2012
Case Number
HCA1024/2011
Procedural Posture
Civil Detinue (possession of Goods) / Decision on Summary Judgment (interlocutory)
Outcome
Summary judgment entered against the 2nd defendant in favour of the plaintiffs; claim allowed as against the 2nd defendant.
Legal Topics
Detinue, Bailment, Bill of Lading, Title to Goods, Bona Fide Purchaser, Agency, Factors Ordinance S3
Source Language
EN
Civil Property Commercial Maritime Detinue Bailment Bill of Lading Title to Goods +3 more

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Parties

MEIKO TRANS CO LTD

1st Plaintiff

MEIKO TRANS (HONG KONG) CO LTD

2nd Plaintiff

CHAN KWAN YIU t/a CHIN FUNG INTERNATIONAL TRADING CO

1st Defendant

CHEN MINYI t/a YAO HUA INTERNATIONAL DEVELOPMENT CO

2nd Defendant

Procedural Posture

Civil Detinue (possession of Goods) / Decision on Summary Judgment (interlocutory)

Legal Issues

  1. 1 Whether plaintiffs as bailees had immediate right to possession and could sue in detinue
  2. 2 Whether plaintiffs' right to possession was extinguished by alleged misdelivery or waiver for releasing vehicle without production of original bill of lading
  3. 3 Whether defendants acquired good title as bona fide purchasers for value

Ratio Decidendi

The plaintiffs, as bailees for the owner Kee's who retained the original bill of lading, had the immediate right to possession; the defendants failed to prove that plaintiffs' right was extinguished by misdelivery, waiver, or that the defendants acquired good title from Baizhi; there was no adequate factual basis for a s3 Factors Ordinance defence; accordingly there were no triable issues and summary judgment was appropriate against the 2nd defendant.

Court Disposition

Summary judgment entered against the 2nd defendant in favour of the plaintiffs; claim allowed as against the 2nd defendant.

Orders

  • Summary judgment entered against the 2nd defendant
  • Costs awarded to the plaintiffs including certificate for two counsel