GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

The appeal was dismissed because the defendants could not reopen the Entitlement Issue (the draft agreement was not admissible evidence of executed terms and could have been produced earlier) and the Authority Issue was already finally determined against them by earlier concurrent findings, so res judicata barred re-litigation and no triable issues existed to defeat summary judgment or the case management order.

Citation
GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER
Parties
1st Plaintiff: Grant Thornton International Limited; 2nd Plaintiff: Jonathan Russell Leong; 3rd Plaintiff: Ringo Chiu Wing Cheung; 4th Plaintiff: Andrew Lam Hung Yun; 5th Plaintiff: Gary Terence James; 6th Plaintiff: Lo Ngai Hang (also known as Tony Lo Ngai Hang); 7th Plaintiff: Au Yiu Kwan (also known as Alvin Au Yiu Kwan); 8th Plaintiff: Li Wing Yin (also known as Amos Li Wing Yin); 9th Plaintiff: Norman Tsui Ka Che; 1st Defendant: Tang Chung Wah (also known as Alan Tang); 2nd Defendant: Lee Fung Ying (also known as Alison Wong)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 June 2014
Case Number
CACV193/2013
Procedural Posture
Civil Appeal / Hearing and Reasons for Judgment on Appeal From HCCL No 17 of 2012
Outcome
Appeal dismissed with costs.
Legal Topics
Summary Judgment, Case Management, Authority of Solicitors, Res Judicata, Enforcement of Costs Order
Source Language
EN
Civil Procedure Enforcement of Foreign Judgments and Orders Costs Res Judicata Arbitration Summary Judgment Case Management Authority of Solicitors +1 more

Case Brief

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Parties

Grant Thornton International Limited

1st Plaintiff

Jonathan Russell Leong

2nd Plaintiff

Ringo Chiu Wing Cheung

3rd Plaintiff

Andrew Lam Hung Yun

4th Plaintiff

Gary Terence James

5th Plaintiff

Lo Ngai Hang (also known as Tony Lo Ngai Hang)

6th Plaintiff

Au Yiu Kwan (also known as Alvin Au Yiu Kwan)

7th Plaintiff

Li Wing Yin (also known as Amos Li Wing Yin)

8th Plaintiff

Norman Tsui Ka Che

9th Plaintiff

Tang Chung Wah (also known as Alan Tang)

1st Defendant

Lee Fung Ying (also known as Alison Wong)

2nd Defendant

Procedural Posture

Civil Appeal / Hearing and Reasons for Judgment on Appeal From HCCL No 17 of 2012

Legal Issues

  1. 1 Whether the 2nd to 9th plaintiffs were entitled to costs in the English proceedings (Entitlement Issue)
  2. 2 Whether the solicitors (King & Wood Mallesons) had authority to act for the 2nd to 9th plaintiffs (Authority Issue)
  3. 3 Whether res judicata bars re-opening the issues

Ratio Decidendi

The appeal was dismissed because the defendants could not reopen the Entitlement Issue (the draft agreement was not admissible evidence of executed terms and could have been produced earlier) and the Authority Issue was already finally determined against them by earlier concurrent findings, so res judicata barred re-litigation and no triable issues existed to defeat summary judgment or the case management order.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Summary judgment based on the English Costs Order upheld