Pacific Electric Wire & Cable Co Ltd v. Texan Management Ltd and Others

Read the full judgment text of FAMV 5/2014 on BabelCite. This FAMV judgment was delivered on 27 February 2015.

Cites 2 cases

Case No.FAMV 5/2014
Court
FAMV
Date27 Feb 2015
Judge
Case Document
100%Judiciary


FAMV Nos. 5, 6, 7 & 8 of 2014
FAMV Nos. 5, 6, 7 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NOS 5, 6 AND 7 OF 2014 (CIVIL)

(ON APPLICATIONS FOR LEAVE TO APPEAL FROM

CACV NOS. 94, 95 & 96 of 2012)
________________________

BETWEEN CACV 94/2012
     
PACIFIC ELECTRIC WIRE & CABLE CO., LTD.
Plaintiff
(Respondent)
and
TEXAN MANAGEMENT LIMITED 1st Defendant
CLIPPER INVESTMENT LIMITED
(formerly known as PACIFIC CAPITAL (INVESTMENT) LIMITED)
2nd Defendant
PACIFIC CAPITAL (ASIA) LIMITED 3rd Defendant
ALL DRAGON INTERNATIONAL LIMITED 4th Defendant
PCL HOLDINGS LIMITED
(formerly known as PACIFIC CAPITAL (HOLDINGS) LIMITED
5th Defendant
LAIDLAW PACIFIC FINANCIAL SERVICES (HOLDINGS) LIMITED (formerly known as PACIFIC CAPITAL FINANCIAL SERVICES (HOLDINGS) LIMITED) 6th Defendant
SUPER WISH LIMITED 7th Defendant
HU HUNG CHIU(胡洪九) 8th Defendant
(Applicant)
WONG KUN TO(黃勤道) 9th Defendant
(discontinued)
CHEUNG KWAN HUNG, ANTHONY
(張鈞鴻)
10th Defendant
(discontinued)
MA KAM FOOK, ROBERT(馬金福) 11th Defendant
CHENG SHU WING(鄭樹榮) 12th Defendant
(discontinued)
TUNG HSIU CHUN (仝秀君), the person entitled to manage and administer the estate of Tung Yu Jeh 13th Defendant
(仝玉潔) (deceased) (By Order to carry on)
SUN TAO TSUN(孫道存) 14th Defendant
PANG HONG(龐鴻) 15th Defendant
(discontinued)

________________________

BETWEEN CACV 95/2012
     
  PACIFIC ELECTRIC WIRE & CABLE CO., LTD. Plaintiff
(Respondent)
  and
  GOLD GLOBAL LIMITED 1st Defendant
  PCL NOMINEES LIMITED 2nd Defendant
  GREATEAM LIMITED 3rd Defendant
  HU HUNG CHIU(胡洪九) 4th Defendant
(Applicant)
  CHUNG CHE LING(鍾子陵) 5th Defendant
  YIP CHI HUNG(葉稚雄) 6th Defendant
  TAM PUI NA, RAFIA(譚佩娜) 7th Defendant
(discontinued)
  HARMUTTY LIMITED 8th Defendant

________________________

BETWEEN CACV 96/2012
     
  PACIFIC ELECTRIC WIRE & CABLE CO., LTD. Plaintiff
(Respondent)
  and
  HARMUTTY LIMITED 1st Defendant
  HADDOWE LIMITED 2nd Defendant
  CASPARSON PROPERTIES LIMITED 3rd Defendant
  HU HUNG CHIU(胡洪九) 4th Defendant
(Applicant)
  YIP CHI HUNG(葉稚雄) 5th Defendant
  CHUNG CHE LING(鍾子陵) 6th Defendant
  TUNG HSIU CHUN (仝秀君), the person entitle to manage and administer the estate of Tung Yu Jeh 7th Defendant
  (仝玉潔) (deceased) (By Order to carry on)
  SUN TAO TSUN(孫道存) 8th Defendant
  TAM PUI NA, RAFIA(譚佩娜) 9th Defendant
(discontinued)
  WONG KUN TO(黃勤道) 10th Defendant
(discontinued)
  CHEUNG KWAN HUNG, ANTHONY
(張鈞鴻)
11th Defendant
(discontinued)
  AFTERVILLE LIMITED 12th Defendant
  NEE SOON LIMITED 13th Defendant
  SHOWGROUND LIMITED 14th Defendant
  BERRIDALE DEVELOPMENTS LIMITED 15th Defendant
  JUTECH INVESTMENTS LIMITED 16th Defendant
  ALL DRAGON INTERNATIONAL LIMITED 17th Defendant
  BLINCO ENTERPRISES LIMITED 18th Defendant
  PATAGONIA LIMITED 19th Defendant
  MA KAM FOOK, ROBERT(馬金福) 20th Defendant
  HU SUN MAR LI(胡孫瑪琍) 21st Defendant
(discontinued)
  TOP SELECTION COMPANY LIMITED 22nd Defendant

________________________

FAMV No. 8 of 2014

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 8 OF 2014 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

CACV NO. 93 of 2012)

________________________

BETWEEN
PACIFIC ELECTRIC WIRE & CABLE CO., LTD. Plaintiff
(Respondent)
and
HARMUTTY LIMITED 1st Defendant
HADDOWE LIMITED 2nd Defendant
CASPARSON PROPERTIES LIMITED 3rd Defendant
HU HUNG CHIU(胡洪九) 4th Defendant
YIP CHI HUNG(葉稚雄) 5th Defendant
CHUNG CHE LING(鍾子陵) 6th Defendant
TUNG HSIU CHUN (仝秀君), the person entitle to manage and administer the estate of Tung Yu Jeh (仝玉潔) (deceased) (By Order to carry on) 7th Defendant
SUN TAO TSUN(孫道存) 8th Defendant
TAM PUI NA, RAFIA(譚佩娜) 9th Defendant
(discontinued)
WONG KUN TO(黃勤道) 10th Defendant
(discontinued)
CHEUNG KWAN HUNG, ANTHONY
(張鈞鴻)
11th Defendant
(discontinued)
AFTERVILLE LIMITED 12th Defendant
NEE SOON LIMITED 13th Defendant
SHOWGROUND LIMITED 14th Defendant
BERRIDALE DEVELOPMENTS LIMITED 15th Defendant
JUTECH INVESTMENTS LIMITED 16th Defendant
ALL DRAGON INTERNATIONAL LIMITED 17th Defendant
BLINCO ENTERPRISES LIMITED 18th Defendant
PATAGONIA LIMITED 19th Defendant
MA KAM FOOK, ROBERT(馬金福) 20th Defendant
HU SUN MAR LI(胡孫瑪琍) 21st Defendant
(discontinued)
TOP SELECTION COMPANY LIMITED 22nd Defendant
(Applicant)

________________________

Heard together

Appeal Committee: Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Tang PJ
Date of Decision: 27 February 2015
Date of 1st Corrigendum: 27 February 2015
Date of 2nd Corrigenda: 23 March 2015

_________________________________

2nd CORRIGENDA
_________________________________

Please note the following amendments in the Decision on Costs and 1st Corrigendum dated 27 February 2015:

On the front pages 1, 2, 3 and 4:

“Pacific Electric Wire & Cable Company Limited” should read “Pacific Electric Wire & Cable Co. Ltd.

On page 7 in the Decision on Costs dated 27 February 2015:

the reference to the applicant in FAMV Nos 5-7 / 2014 should read: “Mr Steven Kwan and Mr Vincent Chen, instructed by Haldanes, for the applicant in FAMV Nos 5-7/2014.”

the reference to the applicant in FAMV 8/2014 should read: “Mr Benjamin Yu SC, Ms Sara Tong instructed by Munros, for the applicant in FAMV 8/2014”.

Dated this 23rd day of March 2015.

  (Ivan Ching) (Mr)
  for Registrar, CFA