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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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LING WING FAI BILLY |
1st Plaintiff |
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LAM WA |
2nd Plaintiff
(Applicant) |
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LING WING FAI BILLY,
the Administrator of the estate of WONG KING SHUI (or SUI), deceased |
3rd Plaintiff |
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and
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LING SHUI FAI
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1st Defendant
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CHU YUEN LUN GARMEN |
2nd Defendant
(Respondent) |
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TAM KWOK CHIU |
3rd Defendant |
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| Before : |
Mr Justice Bokhary PJ, Mr Justice Chan PJ and
Mr Justice Ribeiro PJ |
| Date of Hearing : 30 March 2012 |
| Date of Determination : 30 March 2012 |
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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.
(Kemal
Bokhary)
Permanent Judge |
(Patrick
Chan)
Permanent Judge
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(R A V
Ribeiro)
Permanent Judge |
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
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