Silver Stone Development Ltd and Another v. Lau Kwong Ching, James and Others

HCA 2206/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2206 OF 2000

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BETWEEN

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Coram : Deputy High Court Judge Carlson in Court

Dates of Hearing : 7 January 2008

Date of Judgment : 7 January 2008

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J U D G M E N T

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1.These are third party proceedings that have in effect gone short. What has happened is that consequent upon judgment being entered in the main trial against the 2nd defendant and the 6th defendant, amongst others, the matter now before me now relates to a claim for an indemnity by Mr Edward Kwok, the 2nd defendant in the main action, and now the 1st third party in these third party indemnity proceedings.

2.Based on the latest version of the re-amended statement of claim by the 2nd defendant and the 6th defendant against the 3rd and 4th third parties, earlier this morning the 1st third party as I shall now call Mr Kwok has settled with the 4th third party by way of a consent order arrived at this morning and so, what is now left over is the claim against the 3rd third party, Mr Peter Ho. In support of that, unopposed as he was in terms of evidence, Mr Kwok has given evidence in terms of two witness statements, firstly, one in bundle B at pages 260 to 275 and a supplemental statement, B1 to B6, which sets out the basis of his claim. 

3.This being unopposed, I do not propose to give a reasoned judgment but the basis of it has been very clearly made out by the evidence of Mr Kwok contained in these two witness statements and I am satisfied that this evidence is true and accurate, and in those circumstances, that he is entitled to the relief that he seeks. In terms of that relief, I now come to page A9 of bundle A which is the prayer of the re-amended statement of claim by him and the 6th defendant against the 3rd and 4th third parties.  Having regard to that evidence, I shall give Mr Kwok a declaration in terms of paragraph 4 of the prayer as it relates only against the 3rd third party.  The references to the 4th third party have been provided for under the terms of the consent order that I made earlier this morning.  So an order in terms of paragraph 4.

4.There will also be an order in terms of paragraph 7 of the prayer as it relates against the 3rd third party only.  Finally, also in terms of paragraph 8 but I ought to make clear that that the interest will run from the date of payment to the plaintiff or the 3rd defendant until the payment of the indemnity by Mr Ho, the 3rd third party, and the rate of interest will be at the judgment rate. 

5.As to paragraph 7, this has already dealt with the question of costs, both the costs of the trial for which he will receive an indemnity and also the costs of these third party proceedings.

Chan Chi-hung, SC, and Patrick Szeto, instructed by Messrs Iu, Lai & Li, for the 2nd Defendant/1st Third Party and 6th Defendant/2nd Third Party

4th Defendant/3rd Third Party in person being absent

5th Defendant/4th Third Party in person being present