Empire Wisdom Ltd v. Mak Chung Fu and Others

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

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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

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REASONS FOR DECISION

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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.

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

3.As the 1^st and 2^nd 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 1^st and 2^nd defendants (including the costs of this hearing) be paid by the 1^st and 2^nd defendants to the plaintiff.  I assessed the costs summarily at HK$300,000.

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

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