AU YEUNG Siu-tung, father of AU YEUNG Lin-hang (deceased), for and on behalf of himself, and HO HO Ngan-shuet, CHAN Yin-sin, AU YEUNG Lin-yuen, AU YEUNG Lin-ho, AU YEUNG Lin-chor, LEE Yau-kwan, AU YEUNG Kit-wai, AU YEUNG Siu-ling, AU YEUNG Lin-keung, AU YEUNG Lin-yung, AU YEUNG Lau-king and AU YEUNG Lau-ing, the dependants of the said deceased, by his attorney, AU YEUNG Lin-to. v TUNG SHING HO (a firm) (Decoration & Furniture)

Read the full judgment text of CACV 000001/1974 on BabelCite. This Court of Appeal judgment.

1. I find myself driven to the contrary conclusion. I accept as a starting point the passage which McMullin, J. has cited from Spencer-Bower on Res Judicata (2nd ed.) 43 (a passage taken from the judgment of the Board in Kok Hoong v. Leong Cheong Kweng Mines Ltd. 1964 A.C. 993, 1010) and I agree that it neatly summarises the nature of the problem. However, the next paragraph reads: