DIAMOND PROPERTY MANAGEMENT CO. LTD. v. FIRST CLASS FASHION CO. LTD. AND OTHERS
The adjudicator erred by treating all claims as agent claims on behalf of the management fund and by deciding the preliminary locus standi issue without giving the appellant an opportunity to address whether the claims were personal debts; therefore the summary dismissals were set aside and the matters remitted for trial to determine the true nature of the claims; costs of the appeal were awarded to the appellant.
- Citation
- DIAMOND PROPERTY MANAGEMENT CO. LTD. v. FIRST CLASS FASHION CO. LTD. AND OTHERS
- Parties
- Appellant/claimant: Diamond Property Management Co. Ltd; Respondent/defendant: First Class Fashion Co. Ltd; Respondent/defendant: Tang Lai Fong; Respondent/defendant: Ho Man Kwong; Respondent/defendant: Poon Cheung Yung Victoria; Respondent/defendant: Chan Tat Ching; Respondent/defendant: Leung Wai; Respondent/defendant: Lee Kong Shing; Respondent/defendant: Ku Suk Yee; Respondent/defendant: Leung Chan; Respondent/defendant: Lo Siu Fong; Respondent/defendant: Fung King Wan; Respondent/defendant: Chan Po Chu; Respondent/defendant: Yeung Tat Ming; Respondent/defendant: Yeung Choi Ha; Respondent/defendant: Wong Wang Chiu; Respondent/defendant: Yuen Yuk Chiu; Respondent/defendant: Chan Chiu Wa; Respondent/defendant: Kwan Chung Min; Respondent/defendant: Fung Wai Yi Catherine; Respondent/defendant: Chan Sau King; Respondent/defendant: Cheuk So Fan; Respondent/defendant: Lau Yin Sing; Respondent/defendant: Sin Sun Yuen; Respondent/defendant: Chan Chun Kwong; Respondent/defendant: Chan Tse Man; Respondent/defendant: Tong Shuet Yee; Respondent/defendant: Wong Yiu Hong; Respondent/defendant: Wong Lan Ying; Respondent/defendant: Lai Suk Tin; Respondent/defendant: Siu Siu Ying; Respondent/defendant: Chan Kam Siu; Respondent/defendant: Wong Wai Kwong; Respondent/defendant: Man Hung; Respondent/defendant: Tam Yim Fan; Respondent/defendant: Or Lai Chun; Respondent/defendant: Tang Hung; Respondent/defendant: Cheung Yee Wah; Respondent/defendant: Ma Cho Kai; Respondent/defendant: Chan Kam Piu; Respondent/defendant: So Moon; Respondent/defendant: Yip Ying Lan; Respondent/defendant: Hui Ying Wai; Respondent/defendant: Lo Tong Kai
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 29 April 1994
- Case Number
- HCSA61/1993
- Procedural Posture
- Appeal From Small Claims Tribunal / Leave to Appeal Granted; Appeal Allowed and Remitted for Trial
- Outcome
- Appeal allowed; summary dismissals set aside; matters remitted to Small Claims Tribunal for trial; appellant awarded costs of the appeal
- Legal Topics
- Locus Standi, Deed of Mutual Covenant, Management Fees, Summary Dismissal, Audi Alteram Partem (right to Be Heard), Costs
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Diamond Property Management Co. Ltd
Appellant/claimant
First Class Fashion Co. Ltd
Respondent/defendant
Tang Lai Fong
Respondent/defendant
Ho Man Kwong
Respondent/defendant
Poon Cheung Yung Victoria
Respondent/defendant
Chan Tat Ching
Respondent/defendant
Leung Wai
Respondent/defendant
Lee Kong Shing
Respondent/defendant
Ku Suk Yee
Respondent/defendant
Leung Chan
Respondent/defendant
Lo Siu Fong
Respondent/defendant
Fung King Wan
Respondent/defendant
Chan Po Chu
Respondent/defendant
Yeung Tat Ming
Respondent/defendant
Yeung Choi Ha
Respondent/defendant
Wong Wang Chiu
Respondent/defendant
Yuen Yuk Chiu
Respondent/defendant
Chan Chiu Wa
Respondent/defendant
Kwan Chung Min
Respondent/defendant
Fung Wai Yi Catherine
Respondent/defendant
Chan Sau King
Respondent/defendant
Cheuk So Fan
Respondent/defendant
Lau Yin Sing
Respondent/defendant
Sin Sun Yuen
Respondent/defendant
Chan Chun Kwong
Respondent/defendant
Chan Tse Man
Respondent/defendant
Tong Shuet Yee
Respondent/defendant
Wong Yiu Hong
Respondent/defendant
Wong Lan Ying
Respondent/defendant
Lai Suk Tin
Respondent/defendant
Siu Siu Ying
Respondent/defendant
Chan Kam Siu
Respondent/defendant
Wong Wai Kwong
Respondent/defendant
Man Hung
Respondent/defendant
Tam Yim Fan
Respondent/defendant
Or Lai Chun
Respondent/defendant
Tang Hung
Respondent/defendant
Cheung Yee Wah
Respondent/defendant
Ma Cho Kai
Respondent/defendant
Chan Kam Piu
Respondent/defendant
So Moon
Respondent/defendant
Yip Ying Lan
Respondent/defendant
Hui Ying Wai
Respondent/defendant
Lo Tong Kai
Respondent/defendant
Procedural Posture
Appeal From Small Claims Tribunal / Leave to Appeal Granted; Appeal Allowed and Remitted for Trial
Legal Issues
- 1 Whether a former manager has locus standi to sue for debts incurred while manager after cessation of office
- 2 Whether the claims were personal debts of the manager (creditor) or claims for the management fund (agent)
- 3 Whether the adjudicator erred in deciding a preliminary point of law without giving parties opportunity to address it
Ratio Decidendi
The adjudicator erred by treating all claims as agent claims on behalf of the management fund and by deciding the preliminary locus standi issue without giving the appellant an opportunity to address whether the claims were personal debts; therefore the summary dismissals were set aside and the matters remitted for trial to determine the true nature of the claims; costs of the appeal were awarded to the appellant.
Court Disposition
Appeal allowed; summary dismissals set aside; matters remitted to Small Claims Tribunal for trial; appellant awarded costs of the appeal
Orders
- Summary dismissal by the Small Claims Tribunal set aside
- All cases remitted to the Small Claims Tribunal for trial to determine whether claims are personal debts or agent claims
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment