SUPER KEEP INVESTMENT LTD AND ANOTHER v. WONG KWOK WA AND OTHERS

SUPER KEEP INVESTMENT LTD AND ANOTHER v. WONG KWOK WA AND OTHERS

There is no arguable ground of appeal as to the orders relating to the 1st Land and 1st Houses and the associated strike out/summary judgment conclusions; the 2nd to 7th defendants are entitled to the 1st Land and 1st Houses (and have undertaken to vest title in the Tso), the 8th to 18th defendants are mere bare trustees of the 2nd Land and 2nd Houses, proposed amendments that seek to impose personal liability on the 2nd to 18th defendants or recast agency were disallowed, and the application for stay of execution was dismissed (temporary extension of stay granted by undertaking until Court of Appeal hearing).

Citation
SUPER KEEP INVESTMENT LTD AND ANOTHER v. WONG KWOK WA AND OTHERS
Parties
1st Plaintiff: SUPER KEEP INVESTMENT LIMITED; 2nd Plaintiff: GOLDEN CHOICE ENTERPRISES LIMITED; 1st Defendant: WONG KWOK WA; 2nd Defendant: KONG MAN FAT; 3rd Defendant: KONG CHUNG KIU; 4th Defendant: WAN YUNG TAI; 5th Defendant: LAU TIN SANG; 6th Defendant: LAU TIN CHI; 7th Defendant: CHAN KWOK MING; 8th Defendant: CHAN SIU LEUNG; 9th Defendant: CHUNG WAI MING; 10th Defendant: CHAN SIU WAI; 11th Defendant: KONG MAN HING; 12th Defendant: NG MING WAI, WILLIAM; 13th Defendant: CHAN HING CHEONG; 14th Defendant: WONG WAI YIP; 15th Defendant: CHAN WING KI, WICKY; 16th Defendant: LI KWOK WAN; 17th Defendant: CHAN KUN YUNG; 18th Defendant: NG HUNG WAI, DONATELLO; Intervenor: Lau Sau Wo Tso
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2010
Case Number
HCMP1760/2009
Procedural Posture
Civil Land and Contract / Application for Stay of Execution Pending Appeal (post Judgment, Decision in Chambers)
Outcome
Application for stay dismissed; original orders upheld in respect of 1st Land and 1st Houses and related strike out/summary judgment conclusions
Legal Topics
Stay of Execution, Summary Judgment, Strike Out, Registration of Instruments, Amendment of Pleadings, Agency, Repudiation, Director's Duties, Intervention
Source Language
EN
Property Contract Equity Civil Procedure Stay of Execution Summary Judgment Strike Out Registration of Instruments +5 more

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Parties

SUPER KEEP INVESTMENT LIMITED

1st Plaintiff

GOLDEN CHOICE ENTERPRISES LIMITED

2nd Plaintiff

WONG KWOK WA

1st Defendant

KONG MAN FAT

2nd Defendant

KONG CHUNG KIU

3rd Defendant

WAN YUNG TAI

4th Defendant

LAU TIN SANG

5th Defendant

LAU TIN CHI

6th Defendant

CHAN KWOK MING

7th Defendant

CHAN SIU LEUNG

8th Defendant

CHUNG WAI MING

9th Defendant

CHAN SIU WAI

10th Defendant

KONG MAN HING

11th Defendant

NG MING WAI, WILLIAM

12th Defendant

CHAN HING CHEONG

13th Defendant

WONG WAI YIP

14th Defendant

CHAN WING KI, WICKY

15th Defendant

LI KWOK WAN

16th Defendant

CHAN KUN YUNG

17th Defendant

NG HUNG WAI, DONATELLO

18th Defendant

Lau Sau Wo Tso

Intervenor

Procedural Posture

Civil Land and Contract / Application for Stay of Execution Pending Appeal (post Judgment, Decision in Chambers)

Legal Issues

  1. 1 Whether there is an arguable ground of appeal to justify a stay of execution
  2. 2 Whether parts of the plaintiffs' claim against the 2nd to 18th defendants disclose a reasonable cause of action
  3. 3 Whether summary judgment/strike out was appropriate as to the 1st Land and 1st Houses

Ratio Decidendi

There is no arguable ground of appeal as to the orders relating to the 1st Land and 1st Houses and the associated strike out/summary judgment conclusions; the 2nd to 7th defendants are entitled to the 1st Land and 1st Houses (and have undertaken to vest title in the Tso), the 8th to 18th defendants are mere bare trustees of the 2nd Land and 2nd Houses, proposed amendments that seek to impose personal liability on the 2nd to 18th defendants or recast agency were disallowed, and the application for stay of execution was dismissed (temporary extension of stay granted by undertaking until Court of Appeal hearing).

Court Disposition

Application for stay dismissed; original orders upheld in respect of 1st Land and 1st Houses and related strike out/summary judgment conclusions

Orders

  • Application for stay of execution dismissed
  • Costs order nisi: plaintiffs to pay costs of this application to all defendants and the Lau Sau Wo Tso