Ling Wing Fai Billy and Others v. Ling Shui Fai and Others

FAMV No. 36 of 2011

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 36 OF 2011 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 99 OF 2008)

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Between

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D E T E R M I N A T I O N

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Mr Justice Ribeiro PJ :

1.In the light of the new issues identified in the proposed amendments to the pleadings, we grant leave for the following additional question to be considered in the appeal, namely:

“(3) Whether an affirmative answer to Question 1 and/or Question 2 above necessarily precludes any of the Plaintiffs from claiming and the court from recognizing or granting any other right, benefit or interest in the land or any remedy or other relief including relief based on a constructive or resulting trust on such terms as the court may impose; or based upon estoppel or unjust enrichment.”

2.Questions, if any, regarding leave to amend and consequential orders as to costs or otherwise will be dealt with at the hearing.

Mr Earl Deng, instructed by Rowdget W Young & Co. and assigned by the Director of Legal Aid, for the applicant

Ms Lisa KY Wong, SC and Mr Keith Kam, instructed by Chong So & Co. and assigned by the Director of Legal Aid, for the respondent