CHRISTINE RUTH ONG CHAI HOON AND OTHERS v. LAM KIN CHUNG AND OTHERS

CHRISTINE RUTH ONG CHAI HOON AND OTHERS v. LAM KIN CHUNG AND OTHERS

The summons was dismissed because the proposed issue of a 'car park business' valuation was not pleaded; the Master's order authorised expert evidence only on methodologies used in the Full Star Report and valuation of the 15 car park spaces, not a business valuation; the 1st and 4th Defendants offered no satisfactory explanation for changing their stance and the summons was hopeless, warranting costs on an indemnity basis.

Citation
[2020] HKCFI 2768
Parties
1st Plaintiff: Christine Ruth Ong Chai Hoon; 2nd Plaintiff: Koh Kok Leong (許國隆); 3rd Plaintiff: Koh Yew Choo (許幼珠); 4th Plaintiff: Loke Chee Choong (陸志忠); 5th Plaintiff: Tan Eng Lee (陳榮利); 6th Plaintiff: Tan Eu Yong; 7th Plaintiff: Tan Geu Chuan (陳彦彰); 8th Plaintiff: Tan Ong Huat (陳王發); 9th Plaintiff: Tan Wan Li (陳婉莉); 10th Plaintiff: Yeo Boon Leong (姚文龍); 11th Plaintiff: Goh King Hiong; 1st Defendant: Lam Kin Chung (林健忠); 2nd Defendant: Lai Ming Kui Tommy (黎名駒); 3rd Defendant: Yue Yew Meng (余耀明); 4th Defendant: Ebizanywhere Technologies Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2020
Case Number
HCA1793/2012
Procedural Posture
Civil Action for Fraudulent Misrepresentation and Recovery of Investments (pre IPO Investment) / Interlocutory: Summons for Expert Directions (hearing and Decision on Costs)
Outcome
Summons dismissed; costs awarded to Plaintiffs on an indemnity basis.
Legal Topics
Expert Evidence, Valuation, Pleadings, Fraudulent Misrepresentation, Indemnity Costs, Security (car Park Properties)
Source Language
EN
Civil Procedure Evidence Contract Tort (fraud) Costs Expert Evidence Valuation Pleadings +3 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 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Christine Ruth Ong Chai Hoon

1st Plaintiff

Koh Kok Leong (許國隆)

2nd Plaintiff

Koh Yew Choo (許幼珠)

3rd Plaintiff

Loke Chee Choong (陸志忠)

4th Plaintiff

Tan Eng Lee (陳榮利)

5th Plaintiff

Tan Eu Yong

6th Plaintiff

Tan Geu Chuan (陳彦彰)

7th Plaintiff

Tan Ong Huat (陳王發)

8th Plaintiff

Tan Wan Li (陳婉莉)

9th Plaintiff

Yeo Boon Leong (姚文龍)

10th Plaintiff

Goh King Hiong

11th Plaintiff

Lam Kin Chung (林健忠)

1st Defendant

Lai Ming Kui Tommy (黎名駒)

2nd Defendant

Yue Yew Meng (余耀明)

3rd Defendant

Ebizanywhere Technologies Limited

4th Defendant

Procedural Posture

Civil Action for Fraudulent Misrepresentation and Recovery of Investments (pre IPO Investment) / Interlocutory: Summons for Expert Directions (hearing and Decision on Costs)

Legal Issues

  1. 1 Whether expert evidence on a 'car park business' is within the issues as pleaded
  2. 2 Whether the Master's order for a single joint expert (SJE) extended to business valuation rather than valuation of 15 car park spaces
  3. 3 Whether the 1st and 4th Defendants' change of stance justified the summons

Ratio Decidendi

The summons was dismissed because the proposed issue of a 'car park business' valuation was not pleaded; the Master's order authorised expert evidence only on methodologies used in the Full Star Report and valuation of the 15 car park spaces, not a business valuation; the 1st and 4th Defendants offered no satisfactory explanation for changing their stance and the summons was hopeless, warranting costs on an indemnity basis.

Court Disposition

Summons dismissed; costs awarded to Plaintiffs on an indemnity basis.

Orders

  • Summons dated 22 January 2020 dismissed.
  • Costs of the summons to be paid by the 1st and 4th Defendants to the Plaintiffs forthwith.