SILVER STONE DEVELOPMENT LTD AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS

SILVER STONE DEVELOPMENT LTD AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS

The judge accepted the unopposed, credible witness evidence of Mr Kwok as establishing entitlement to the declaration and indemnity against the 3rd third party and therefore granted the relief sought in paragraphs 4, 7 and 8 of the prayer, with costs and judgment‑rate interest from date of payment.

Citation
SILVER STONE DEVELOPMENT LTD AND ANOTHER v. LAU KWONG CHING, JAMES AND OTHERS
Parties
1st Plaintiff: SILVER STONE DEVELOPMENT LIMITED; 2nd Plaintiff: LUI YUE YUN, GARY; 1st Defendant: LAU KWONG CHING, JAMES; 2nd Defendant: KWOK WAI TAK, EDWARD; 3rd Defendant: CARRIER STOCK INVESTMENT COMPANY LIMITED; 4th Defendant: HO PUN TSUN, PETER; 5th Defendant: SZETO JOSEPH; 6th Defendant: ASIA GLORY HOLDINGS LIMITED; 1st Third Party: KWOK WAI TAK, EDWARD; 2nd Third Party: ASIA GLORY HOLDINGS LIMITED; 3rd Third Party: HO PUI TSUN, PETER; 4th Third Party: SZETO JOSEPH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2008
Case Number
HCA2206/2000
Procedural Posture
Civil Action Third Party Indemnity Proceedings / Judgment (post Trial)
Outcome
Declaration and indemnity granted in favour of the 1st third party (Mr Kwok) against the 3rd third party (Mr Ho); costs and judgment‑rate interest awarded.
Legal Topics
Indemnity, Third Party Proceedings, Declaration, Costs, Interest, Consent Order
Source Language
EN
Civil Contract Equity Procedure Indemnity Third Party Proceedings Declaration Costs +2 more

Case Brief

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Parties

SILVER STONE DEVELOPMENT LIMITED

1st Plaintiff

LUI YUE YUN, GARY

2nd Plaintiff

LAU KWONG CHING, JAMES

1st Defendant

KWOK WAI TAK, EDWARD

2nd Defendant

CARRIER STOCK INVESTMENT COMPANY LIMITED

3rd Defendant

HO PUN TSUN, PETER

4th Defendant

SZETO JOSEPH

5th Defendant

ASIA GLORY HOLDINGS LIMITED

6th Defendant

KWOK WAI TAK, EDWARD

1st Third Party

ASIA GLORY HOLDINGS LIMITED

2nd Third Party

HO PUI TSUN, PETER

3rd Third Party

SZETO JOSEPH

4th Third Party

Procedural Posture

Civil Action Third Party Indemnity Proceedings / Judgment (post Trial)

Legal Issues

  1. 1 Whether the 1st third party (Mr Kwok) is entitled to an indemnity from the 3rd third party (Mr Ho)
  2. 2 Whether a declaration should be granted against the 3rd third party
  3. 3 Whether costs and interest should be awarded and from what date and at what rate

Ratio Decidendi

The judge accepted the unopposed, credible witness evidence of Mr Kwok as establishing entitlement to the declaration and indemnity against the 3rd third party and therefore granted the relief sought in paragraphs 4, 7 and 8 of the prayer, with costs and judgment‑rate interest from date of payment.

Court Disposition

Declaration and indemnity granted in favour of the 1st third party (Mr Kwok) against the 3rd third party (Mr Ho); costs and judgment‑rate interest awarded.

Orders

  • Declaration in terms of paragraph 4 of the re‑amended statement of claim as against the 3rd third party only
  • Order in terms of paragraph 7 of the prayer as against the 3rd third party only, including indemnity for trial costs and third party proceedings costs