Empire Wisdom Ltd v. Mak Chung Fu and Others

Read the full judgment text of HCA 821/2018 on BabelCite. This High Court CFI judgment was delivered on 9 December 2019.

1. The plaintiff applied for summary judgment against the 1 st and 2 nd defendants for sums due and payable under guarantees executed by them. The Master granted conditional leave to defend. Both the plaintiff, and the 1 st and 2 nd defendants, appealed against the Master’s decision. This is the hearing of their appeals.

Case No.HCA 821/2018[2020] HKCFI 54
Court
High Court CFI
Date09 Dec 2019
Judge
Case Document
100%Judiciary

HCA 821/2018

[2020] HKCFI 54

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 821 OF 2018

____________

BETWEEN

  EMPIRE WISDOM LIMITED
(君睿有限公司)
Plaintiff

and

  MAK CHUNG FU (麥中富) 1st Defendant
  LO PUI YU (盧沛如) 2nd Defendant
  LAU CHUNG HOI (劉聰海) 3rd Defendant
  TOP FAMOUS CONSTRUCTION HOLDINGS LIMITED
(成達建築控股有限公司)
4th Defendant

____________

Before: Deputy High Court Judge Paul Lam SC in Chambers

Date of Hearing: 9 December 2019

Date of Decision: 9 December 2019

Date of Reasons for Decision: 2 January 2020

________________________

REASONS FOR DECISION

________________________


1.The plaintiff applied for summary judgment against the 1st and 2nd defendants for sums due and payable under guarantees executed by them. The Master granted conditional leave to defend. Both the plaintiff, and the 1st and 2nd defendants, appealed against the Master’s decision. This is the hearing of their appeals.

2.The 1st and 2nd defendants were absent at this hearing.  I therefore dismissed their appeal.

3.As the 1st and 2nd defendants failed to comply with the condition imposed by the Master, judgment had already been entered against them. Hence, I granted leave to the plaintiff to withdraw its appeal.

4.As to costs, I ordered that the costs of and incidental to the notices of appeal filed by the plaintiff, and the 1st and 2nd defendants (including the costs of this hearing) be paid by the 1st and 2nd defendants to the plaintiff.  I assessed the costs summarily at HK$300,000.

  (Paul Lam SC)
  Deputy High Court Judge

Mr Vincent Chen, instructed by Ince & Co, for the plaintiff

Both the 1st and 2nd defendants were not represented and did not appear