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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 |
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CACV 94/2012 |
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PACIFIC ELECTRIC WIRE & CABLE
CO., LTD.
|
Plaintiff
(Respondent) |
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and |
|
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TEXAN MANAGEMENT LIMITED |
1st Defendant |
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CLIPPER INVESTMENT LIMITED
(formerly known as PACIFIC CAPITAL
(INVESTMENT) LIMITED)
|
2nd Defendant |
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PACIFIC CAPITAL (ASIA) LIMITED |
3rd Defendant |
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ALL DRAGON INTERNATIONAL LIMITED |
4th Defendant |
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PCL HOLDINGS LIMITED
(formerly known as PACIFIC CAPITAL
(HOLDINGS) LIMITED
|
5th Defendant |
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LAIDLAW PACIFIC FINANCIAL SERVICES
(HOLDINGS) LIMITED
(formerly known as PACIFIC CAPITAL FINANCIAL
SERVICES (HOLDINGS) LIMITED)
|
6th Defendant |
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SUPER WISH LIMITED |
7th Defendant |
|
HU HUNG CHIU（胡洪九） |
8th Defendant
(Applicant) |
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WONG KUN TO（黃勤道） |
9th Defendant
(discontinued) |
| |
CHEUNG KWAN HUNG, ANTHONY
（張鈞鴻） |
10th Defendant
(discontinued) |
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MA KAM FOOK, ROBERT（馬金福） |
11th Defendant |
|
CHENG SHU WING（鄭樹榮） |
12th Defendant
(discontinued) |
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TUNG HSIU CHUN (仝秀君), the person entitled
to manage and administer the estate of Tung Yu Jeh
(仝玉潔) (deceased)
(By Order to carry on)
|
13th Defendant |
|
SUN TAO TSUN（孫道存） |
14th Defendant |
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PANG HONG（龐鴻） |
15th Defendant
(discontinued) |
| BETWEEN |
|
CACV 95/2012 |
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PACIFIC ELECTRIC WIRE & CABLE
CO., LTD.
|
Plaintiff
(Respondent) |
| |
and |
|
| |
GOLD GLOBAL LIMITED |
1st Defendant |
| |
PCL NOMINEES LIMITED |
2nd Defendant |
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GREATEAM LIMITED |
3rd Defendant |
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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 |
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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 |
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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) |
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AFTERVILLE LIMITED |
12th Defendant |
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NEE SOON LIMITED |
13th Defendant |
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SHOWGROUND LIMITED |
14th Defendant |
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BERRIDALE DEVELOPMENTS LIMITED |
15th Defendant |
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JUTECH INVESTMENTS LIMITED |
16th Defendant |
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ALL DRAGON INTERNATIONAL LIMITED |
17th Defendant |
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BLINCO ENTERPRISES LIMITED |
18th Defendant |
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PATAGONIA LIMITED |
19th Defendant |
| |
MA KAM FOOK, ROBERT（馬金福） |
20th Defendant |
| |
HU SUN MAR LI（胡孫瑪琍） |
21st Defendant
(discontinued) |
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TOP SELECTION COMPANY LIMITED |
22nd Defendant |
________________________
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FAMV No. 8 of 2014 |
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IN THE COURT OF FINAL APPEAL OF THE |
|
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
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MISCELLANEOUS PROCEEDINGS NO. 8 OF 2014 (CIVIL) |
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(ON APPLICATION FOR LEAVE TO APPEAL FROM |
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CACV NO. 93 of 2012) |
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________________________ |
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BETWEEN
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PACIFIC ELECTRIC WIRE & CABLE
CO., LTD.
|
Plaintiff
(Respondent) |
|
and |
|
|
|
HARMUTTY LIMITED |
1st Defendant |
|
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HADDOWE LIMITED |
2nd Defendant |
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CASPARSON PROPERTIES LIMITED |
3rd Defendant |
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HU HUNG CHIU（胡洪九） |
4th Defendant |
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YIP CHI HUNG（葉稚雄） |
5th Defendant |
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CHUNG CHE LING（鍾子陵） |
6th Defendant |
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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 |
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SUN TAO TSUN（孫道存） |
8th Defendant |
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TAM PUI NA, RAFIA（譚佩娜） |
9th Defendant
(discontinued) |
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WONG KUN TO（黃勤道） |
10th Defendant
(discontinued) |
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CHEUNG KWAN HUNG, ANTHONY
（張鈞鴻） |
11th Defendant
(discontinued) |
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AFTERVILLE LIMITED |
12th Defendant |
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NEE SOON LIMITED |
13th Defendant |
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SHOWGROUND LIMITED |
14th Defendant |
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BERRIDALE DEVELOPMENTS LIMITED |
15th Defendant |
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JUTECH INVESTMENTS LIMITED |
16th Defendant |
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ALL DRAGON INTERNATIONAL LIMITED |
17th Defendant |
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BLINCO ENTERPRISES LIMITED |
18th Defendant |
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PATAGONIA LIMITED |
19th Defendant |
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MA KAM FOOK, ROBERT（馬金福） |
20th Defendant |
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HU SUN MAR LI（胡孫瑪琍） |
21st Defendant
(discontinued) |
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TOP SELECTION COMPANY LIMITED |
22nd Defendant
(Applicant) |
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________________________
Heard together
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| Appeal Committee: Chief Justice Ma, Mr Justice Ribeiro PJ and Mr Justice Tang PJ |
| Date of Hearing: 3 October 2014 |
Date of Determination: 14 October 2014
Date of Corrigenda:
20 October 2014
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________________________
________________________
Please note the following amendments in the Determination dated 14 October 2014:
On the front pages 1, 2, 3 and 4 and in paragraph 2 on page 6:
“Pacific Electric Wire & Cable Company Limited” should read “Pacific Electric Wire & Cable Co. Ltd.”
On line 3 of paragraph 19:
the word “Blinco” should read “ Blinco BVI”.
At the end of the third line in paragraph 25:
the name “Mr. Yu” should read “Mr. Neoh”.
On line 4 of paragraph 36:
the pleading “Amended Reply to the Re-Amended Defence of Hu” should read “Re-Amended Reply to the Re-Amended Defence of Hu”.
On the first line of paragraph 39:
the word “is” at the end of the first line should be deleted.
On page 22:
the reference to the applicant in FAMV 8/2014 should read: “Mr Benjamin Yu SC, Ms Sara Tong and Ms Rachel Lam instructed by Munros, for the applicant in FAMV 8/2014”.
Dated this 20th day of October 2014.
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(Ivan Ching) (Mr) |
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for Registrar, CFA |
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