WHEELOCK MARDEN & CO. LTD. AND OTHERS v. AKTIESELSKABET DANSK SKIBSFINANSIERING

CACV000025/1994

IN THE COURT OF APPEAL

1994, No. 24 & 25
(Civil)

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BETWEEN
(1)WHEELOCK MARDEN & COMPANY LIMITED
(2)JOHN LOUIS MARDEN
(3)WILLIAM JOHN LEES
(4)LEE PEI-CHUNG
(5)ROBERT JOHN FRANCIS BROTHERS
(6)LEUNG HON WAH
(7)PATRICK POON
(8)DAVID ANDREW HUSSEY
(9)CHARLES BRIAN MURRAY LLOYD
(10)YUEN CHU-WING
(11)YING MING TEH MICHAEL
(12)ANTHONY LOUIS MARDEN
Defendants
(Appellants)
AND
AKTIESELSKABET DANSK SKIBSFINANSIERING (body corporate) Plaintiff
(Respondent)

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Coram : Bokhary and Liu, JJ.A.

Date of hearing : 23 February 1995

Date of judgment : 23 February 1995

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RULING ON DIRECTIONS

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Bokhary, J.A.:

We make the following directions:-

(1) The following indications made by the plaintiff’s counsel on its behalf be recorded:-

(a) paragraph 29 of the Consolidated Statement of Claim is relied on solely to establish a cause of action in fraudulent trading;and

(b) the plaintiff is, in relation to allegations that representations were made on behalf of the 5th defendant, bound by the particularswhich have been given.

(2) The following confirmation made by the plaintiff’s counsel on its behalf be recorded: the two points which the plaintiff was askedto confirm by Messrs Alsop Wilkinson’s letter of February 20, 1995, first paragraph under the heading at (c) on page 2 are confirmed(subject to this: the references there to paragraphs 22 and 23 should be read as references to paragraphs 21 and 22).

(3) The striking out ordered by this Court on July 13, 1994, be implemented by the filing of a pleading in the form of the draft whichthe two members of this division have initialled adding today’s date.

Costs in the cause.

(K Bokhary) (B Liu)
Justice of Appeal Justice of Appeal

Representation:

Mr A. Barma (instructed by Ms Richards Butler) for Wheelock Marden (appellant)

Mr Chua Guan-hock (instructed by Ms Alsop Wilkinson) for the other defendants (appellants)

Mr Clifford Smith (instructed by Ms Holman Fenwick & Willan) for the plaintiff ADS (respondent)