Heng Tong Trading Co. (A Firm) v. Kwok Yin Wai and Others

CACV000161/1995

IN THE COURT OF APPEAL

1995, No. 161
(Civil)

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Coram: Hon. Godfrey, Ching, JJ.A. and P. Chan, J.

Date of hearing: 26 September 1995

Date of judgment: 26 September 1995

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J U D G M E N T

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Godfrey, J.A. :

1. It appears that YIP Kit Hung, the plaintiff, accepts that her claim is a claim against the defendant LO Lai Fung alone, and is content not to make KWOK Yin Wai or CHAN Yau Ching liable for that claim. That being so, this court (with the consent of the plaintiff and LO Lai Fung) will set aside the interlocutory judgment dated 13 December 1993 obtained by the plaintiff against KWOK Yin Wai and CHAN Yau Ching. This court considers that there must be a new trial for the purpose of deciding the real issue or issues between the plaintiff and LO Lai Fung. These issues are as follows:

(1) Did LO Lai Fung enter into any contract with the plaintiff for the purchase of the scallops mentioned in the pleadings, or did LO Lai Fung deal with the scallops only as bailee, or agent, for the plaintiff?

(2) Is LO Lai Fung liable to the plaintiff for any and if so what sum in relation to the arrangements made between the plaintiff and LO Lai Fung about the scallops; and has she any counterclaim against the plaintiff in that connection?

2. This court will therefore order a new trial of these issues, and directs that the Registrar of the District Court be notified accordingly.

Representation:

Miss YIP Kit Hung, director of the Appellant company, in person

1st Respondent, Mr. KWOK Yin Wai, in person

2nd Respondent, Mr. Chan Yau Ching, in person

3rd Respondent, Ms. LO Lai Fung, in person

Mr. Wong Chung Chi, manager of the Respondents company, in person