KING MING DEVELOPMENT CO LTD AND OTHERS v. LEE KAM SHEUNG AND ANOTHER

   HCA2576/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

   ACTION NO. 2576 OF 2008

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BETWEEN

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D E C I S I O N

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1.   I accept that the plaintiffs’ case has disclosed a cause of action in terms of their right “to sue for the second type of injury” as decided in the case of Heron International Ltd and others v. Lord Grade, Associated Communications Corp. plc and others [1983] BCLC 244 at p.262, section 4.3 per Lawton LJ.

2.   Whether the plaintiffs have the right to sue on “the first type of injury to which the rule in Foss v. Harbottle is directed” is a question for the plaintiffs herein to decide and to make the necessary application to further re-amend their Re-Amended Statement of Claim. This is only a further matter for the plaintiffs to consider and would not and should not affect their pleaded case of cause of action under the aforesaid second type of injury.

3.   Accordingly this appeal is dismissed with costs to the plaintiffs in any event to be taxed, if not agreed on gross sum assessment basis before a Master.

4.   I further order in terms of the Draft Consent Order/Directions before the court as amended.

Re : HCA2576/2008

By Consent,

1. The Parties shall make mutual discovery within 35 days from the date thereof and there shall be inspection of documents within 14 days thereafter.

2. The Parties herein shall also exchange and file witness statements within 42 days after inspection.

3. Unless otherwise directed by the trial judge, the witness statements shall stand as evidence-in-chief at the trial.

Dated this the 9^th day of July 2009