Garson Real Property Agencies (H.K.) Ltd (in Liquidation) v. Ho Pui Fong

Read the full judgment text of HCA 1648/2017 on BabelCite. This High Court CFI judgment was delivered on 4 October 2021.

1. I have to say that it did not bode well for this trial when I was informed that the Defendant had ceased to instruct her solicitors not long before the trial. When the first letter from her family came informing the court that the Defendant had been hospitalised, it did not come as a surprise. On the other hand, it was surprising to know that the Defendant is pregnant, which gave rise to the reason why she had to be hospitalised. I have to say that I can understand that the prospects of litig

Cited by 3 cases · Cites 1 case

Case No.HCA 1648/2017[2021] HKCFI 3100
Court
High Court CFI
Date04 Oct 2021
Judge
Case Document
100%Judiciary

HCA 1648/2017 and
HCCW 342/2014

[2021] HKCFI 3100

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1648 OF 2017

________________________

BETWEEN

GARSON REAL PROPERTY AGENCIES (H.K.)  LIMITED (in liquidation) Plaintiff 
  AND  
  HO PUI FONG Defendant

________________________

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES WINDING-UP PROCEEDINGS NO 342 OF 2014

________________________

  IN THE MATTER OF GARSON REAL PROPERTY AGENCIES (H.K.)  LIMITED (IN CREDITORS’ COMPULSORY LIQUIDATION)  (嘉信行地產代理 (香港)  有限公司)  (“COMPANY”)
  And
  IN THE MATTER OF SECTIONS 266-266B AND 276 OF THE COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS)  ORDINANCE (CAP. 32); SECTIONS 50, 51, AND 51A OF THE BANKRUPTCY ORDINANCE (CAP. 6)

________________________

BETWEEN

THE JOINT AND SEVERAL LIQUIDATORS OF GARSON REAL PROPERTY AGENCIES (H.K.)  LIMITED (IN LIQUIDATION) Applicant 
  AND  
  HO PUI FONG 1st Respondent
  YUEN KWOK KEUNG 2nd Respondent
  HO YIU WA 3rd Respondent
  CHUNG YUEN LAM 4th Respondent

________________________

(Consolidated by the Order of Mr Recorder S. Wong, SC dated 26th November 2019)

Before:  Hon Anthony Chan J in Court

Date of Hearing:  4 October 2021

Date of Decision:  4 October 2021

________________________

DECISION

________________________


1.I have to say that it did not bode well for this trial when I was informed that the Defendant had ceased to instruct her solicitors not long before the trial. When the first letter from her family came informing the court that the Defendant had been hospitalised, it did not come as a surprise. On the other hand, it was surprising to know that the Defendant is pregnant, which gave rise to the reason why she had to be hospitalised. I have to say that I can understand that the prospects of litigation constitute serious pressure on the litigants.

2.Today, the court has received another letter from the Defendant’s family enclosing a letter from the Defendant’s treating doctor which provided some details about the need for her hospitalisation.  I think Mr Ng, who appears for the Plaintiff, is very fair in not resisting the proposition of the Defendant that the trial be adjourned.  In these circumstances, which I find exceptional in terms of the medical evidence, I think the court has little option but to accede to the adjournment application. 

3.Accordingly, this trial is adjourned to a date to be fixed before any judge with a revised estimate of 4 days.  Costs thrown away by the adjournment be reserved.  There be liberty to apply in respect of the said costs.

  (Anthony Chan)
  Judge of the Court of First Instance
High Court

Mr Tom Ng, instructed by Keith Lam Lau & Chan, for the Plaintiff in HCA 1648/2017 and Applicant in HCCW 342/2014

The Defendant in HCA 1648/2017 and 1st Respondent in HCCW 342/2014 was not represented and did not appear

The 3rd Respondent in HCCW 342/2014 was not represented and did not appear

The 4th Respondent in HCCW 342/2014 was not represented and did not appear