Bakali v Mak
Ahmed Jusab Bakali dba H.P. Enterprise
Law Firm / Organization
Not Specified
Lawyer(s)

D. Gautam

Hung Tim Mak aka Hung Tim Ricky Mak aka Ricky Mak
Law Firm / Organization
Harper Grey LLP
Salina Mee Yu Kam aka Salina Kam
Law Firm / Organization
Harper Grey LLP
Ho Fai Mak
Law Firm / Organization
Harper Grey LLP
Ricky Enterprises Limited trading as Ricky Trading Company
Law Firm / Organization
Unrepresented
Granding Limited
Law Firm / Organization
Harper Grey LLP

Background:
Ahmed Jusab Bakali, operating as H.P. Enterprise, alleged non-payment for fish products sold to Ricky Enterprises Limited (trading as Ricky Trading Company) in Hong Kong. Bakali claimed Ricky Trading and its sole director, Hung Tim Mak (Ricky Mak), misappropriated funds and used them, with assistance from Salina Mee Yu Kam (Salina), Ho Fai Mak (Ho), and Granding Limited, to maintain a Richmond property owned by Ho.

Legal Issues:

  • Whether the British Columbia Supreme Court had territorial jurisdiction under the Court Jurisdiction and Proceedings Transfer Act (CJPTA).
  • Whether jurisdiction should be declined based on the doctrine of forum non conveniens.
  • Claims included fraudulent misrepresentation, breach of trust, and constructive trust over the Richmond property.

Court Findings:

  • The Court lacked jurisdiction over Ricky Mak and Ricky Enterprises Limited due to insufficient connection to British Columbia.
  • Jurisdiction was established for Salina, Ho, and Granding Limited, as they resided or exercised management in British Columbia. However, the Court stayed the proceedings against them, finding Hong Kong a clearly more appropriate forum for the primary claim.

Conclusion:
The claims against Ricky Mak and Ricky Enterprises Limited were dismissed. Proceedings against Salina, Ho, and Granding Limited were stayed.

Costs/Award:
No damages or costs were awarded in favor of either party, pending further applications if required within 60 days.

Supreme Court of British Columbia
S248149
Corporate & commercial law