6 Aug 2007
TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
- Citation
- TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
- Court
- District Court
- Case number
- DCEC242/2004
The court held that R2 is entitled to a full indemnity from R1 under s.24(2) of the Ordinance (including costs) but, applying the inherent jurisdiction and relevant stay factors, it was just and convenient to stay execution of that indemnity order pending determination of R1's substantive claim against its insurer Ming An because Ming An had a special, de facto role in the proceedings and R1's claim against Ming An was of substance and effectively a countervailing claim; conditional procedural steps and interest directions were ordered.