Mak Sau Fun v. Kwok Pui Chun Estates Ltd. and Others

Mak Sau Fun v. Kwok Pui Chun Estates Ltd. and Others

The application to assess damages against the defendants who had judgment and stay proceedings against the rest was refused because it risked injustice to the plaintiff given uncertainty about satisfaction of any award, potential for a hollow judgment, adverse costs consequences, and the applicant's delay in...

Source-derived case information.

Citation
Mak Sau Fun v. Kwok Pui Chun Estates Ltd. and Others
Parties
Plaintiff: Mak Sau-fun; 1st Defendant: Kwok Pui Chun Estates Limited; 2nd Defendant: Yee Choi-ha also known as Yee Choi-ha de Joa; 3rd Defendant: Ambition Limited; 4th Defendant: Chan Miu-ling, the personal representative of Cheng Pou-lum alias Chen Sing-tat deceased; 5th Defendant: The Faith Company (Hong Kong) Limited; 6th Defendant: Law Wai-tim; 7th Defendant: Yeung Choy-him; 8th Defendant: Sun Wen-ting; 9th Defendant: Singapore Bong Hiptsun Association Limited; 10th Defendant: Hadi Tjitrokumo; 11th Defendant: Cambo Enterprises Limited; 12th Defendant: Choy Chat-lam; 13th Defendant: Choy Chat-ming; 14th Defendant: Choy Chak-ling; 15th Defendant: Ng Shau-men; 16th Defendant: Yeung Chi-sai; 17th Defendant: Chu Shun-yee; 18th Defendant: Chik Yuet-king; 19th Defendant: Lam Koon-cheung; 20th Defendant: Happy Ally (Hong Kong) Trading Company Limited; 21st Defendant: Wong Ming-wah; 22nd Defendant: Ho Tit-sing; 23rd Defendant: Chan Leung-ping
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 May 2002
Case Number
DCPI182/2001
Procedural Posture
Personal Injuries Action / Pre Trial Directions / Ruling (application to Assess Damages and Stay Action Refused)
Outcome
Application refused; action to proceed to conventional trial.
Legal Topics
Assessment of Damages, Stay of Proceedings, Contribution, Costs, Case Management, Employees Compensation
Source Language
en
Tort Negligence Statutory Duty Civil Procedure Assessment of Damages Stay of Proceedings Contribution Costs +2 more

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Parties

Mak Sau-fun

Plaintiff

Kwok Pui Chun Estates Limited

1st Defendant

Yee Choi-ha also known as Yee Choi-ha de Joa

2nd Defendant

Ambition Limited

3rd Defendant

Chan Miu-ling, the personal representative of Cheng Pou-lum alias Chen Sing-tat deceased

4th Defendant

The Faith Company (Hong Kong) Limited

5th Defendant

Law Wai-tim

6th Defendant

Yeung Choy-him

7th Defendant

Sun Wen-ting

8th Defendant

Singapore Bong Hiptsun Association Limited

9th Defendant

Hadi Tjitrokumo

10th Defendant

Cambo Enterprises Limited

11th Defendant

Choy Chat-lam

12th Defendant

Choy Chat-ming

13th Defendant

Choy Chak-ling

14th Defendant

Ng Shau-men

15th Defendant

Yeung Chi-sai

16th Defendant

Chu Shun-yee

17th Defendant

Chik Yuet-king

18th Defendant

Lam Koon-cheung

19th Defendant

Happy Ally (Hong Kong) Trading Company Limited

20th Defendant

Wong Ming-wah

21st Defendant

Ho Tit-sing

22nd Defendant

Chan Leung-ping

23rd Defendant

Procedural Posture

Personal Injuries Action / Pre Trial Directions / Ruling (application to Assess Damages and Stay Action Refused)

Legal Issues

  1. 1 Whether the court should assess damages against defendants who have admitted liability and stay proceedings against remaining defendants
  2. 2 Whether proceeding only against admitted defendants would cause injustice to the plaintiff by producing an unsatisfied or hollow judgment
  3. 3 Risk of execution/insolvency of defendants and adequacy of security for judgment

Ratio Decidendi

The application to assess damages against the defendants who had judgment and stay proceedings against the rest was refused because it risked injustice to the plaintiff given uncertainty about satisfaction of any award, potential for a hollow judgment, adverse costs consequences, and the applicant's delay in bringing the application; therefore the action must proceed to a conventional trial with directions for trial and related timetabling.

Court Disposition

Application refused; action to proceed to conventional trial.

Orders

  • Action adjourned for trial for four days on a date to be fixed in consultation with counsel\u2019s diaries
  • Trial judge to decide whether to hear the assessment of damages before the issue of liability