To Kan Chi and Others v. To Kin Wah and Another

Read the full judgment text of HCMP 00509/2002 on BabelCite. This High Court CFI judgment was delivered on 6 March 2008.

Case No.HCMP 00509/2002
Court
High Court CFI
Date06 Mar 2008
Judge
Case Document
100%Judiciary

HCMP509/2002 & HCA1603/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 509 OF 2002

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BETWEEN    
  TO KAN CHI  Plaintiffs
  TO FUK TIM  
  TO KAM CHAU  
  as MANAGERS OF T’ONG TSING WAN KUN  
  and  
  TO KIN WAH   1st Defendant
  TO YUK LEUNG   2nd Defendant
    (an Infant suing by his Guardian ad litem, TO KIN WAH, his father)  

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AND

ACTION NO. 1603 OF 2004

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BETWEEN    
  TO KIN WAH   Plaintiff
  and  
  TO FOOK TIM  1st Defendant
  TO KAM CHAU 2nd Defendant
  TO KAN CHI   3rd Defendant

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(HEARD TOGETHER)

Before : Hon Yam J in Chambers

Date of Hearing : 6 March 2008

Date of Judgment : 6 March 2008

Date of Handing Down Reasons for Judgment : 8 April 2008

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CORRIGENDUM

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Kindly note the following correction in the written judgment of the above-mentioned case handed down by The Honourable Mr Justice Yam in Court on 8 April 2008:-

In paragraph 70 of page 26,

The whole paragraph should be amended and replaced as follow:

“70.   For the dismissal of the applications of To Kin Wah, and the other two applications of the managers in which I have ordered in terms as aforesaid, there shall be costs awarded to the managers against To Kin Wah with a certificate for two counsel to be taxed if not agreed on trustee basis only.  The order of costs made against To Kin Wah, and his own costs, in the 2 applications by the managers under HCMP No. 509 of 2002 shall be paid from the Funds of the Tong.  However, save the aforesaid 2 applications by the managers, the costs orders made against To Kin Wah and his own costs of his applications which were dismissed in HCMP No. 509 of 2002 and all the costs orders under HCA No. 1603 of 2004 shall be paid by To Kin Wah personally.”.”

Dated the 24th day of April, 2008

      (Racy IP)(Ms) 
Clerk to Hon. Yam, J.