KYE SYSTEMS (HK) CORP LTD v. WILMINK EXPRESS LTD AND ANOTHER

KYE SYSTEMS (HK) CORP LTD v. WILMINK EXPRESS LTD AND ANOTHER

The court dismissed the appeal because the pleadings and facts indicated several liability rather than joint liability, judgment had already been obtained against the 2nd Defendant and thus operated as an election precluding recovery against the 1st Defendant, and the Master did not err in granting unconditional...

Source-derived case information.

Citation
KYE SYSTEMS (HK) CORP LTD v. WILMINK EXPRESS LTD AND ANOTHER
Parties
Plaintiff: KYE SYSTEMS (H.K.) CORP. LTD.; 1st Defendant: WILMINK EXPRESS LTD.; 2nd Defendant: YU LUNG CONTAINER DRAYAGE CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 October 1996
Case Number
HCA2153/1996
Procedural Posture
Civil Appeal / Appeal From Master's Grant of Unconditional Leave to Defend (o.14)
Outcome
Appeal dismissed
Legal Topics
Leave to Defend, Joint and Several Liability, Agency, Election of Remedies, Sub Bailment, Contribution, Negligence, Bailment
Source Language
en
Contract Tort Civil Procedure Agency Bailment Carriage of Goods Leave to Defend Joint and Several Liability +4 more

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Summary, issues, holding and outcome

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Parties

KYE SYSTEMS (H.K.) CORP. LTD.

Plaintiff

WILMINK EXPRESS LTD.

1st Defendant

YU LUNG CONTAINER DRAYAGE CO. LTD.

2nd Defendant

Procedural Posture

Civil Appeal / Appeal From Master's Grant of Unconditional Leave to Defend (o.14)

Legal Issues

  1. 1 Whether judgment against the 2nd Defendant precludes proceeding against the 1st Defendant (election of remedies)
  2. 2 Whether the defendants are jointly liable or severally liable
  3. 3 Whether the Master erred in granting unconditional leave to defend under O.14

Ratio Decidendi

The court dismissed the appeal because the pleadings and facts indicated several liability rather than joint liability, judgment had already been obtained against the 2nd Defendant and thus operated as an election precluding recovery against the 1st Defendant, and the Master did not err in granting unconditional leave to defend under O.14.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the 1st Defendant.