Chen Yue v. Li Shan and Another

HCA 524/2022

[2023] HKCFI 1109

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 524 OF 2022

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D E C I S I O N

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1.Having heard the arguments, I note that Mr Lam has raised arguments about the capacity of the plaintiff to lodge the summons. And also, I consider that there is not enough material to satisfy me that there is such urgency as to justify making an interim order along the summons today. The defendants ought to be given a fair opportunity to defend.

2.In the premises, I am not satisfied that also for the part concerning the mandatory relief to be granted today alongside items 2 and 3, the test for making an order, a mandatory order today, is not satisfied.

3.The best course is to adjourn the summons for further arguments with full filing of affidavits. I will accept the undertaking of D1 along the lines of §1 of the summons with some adjustments on the wording.

4.14 days for the defendants to file and serve affirmations in opposition to the summons. 14 days for the plaintiff to file and serve affidavits in reply, if so advised.

5.Matter is adjourned for argument to a date to be fixed, with three hours reserved.

6.Costs are reserved.

Mr Laurence Li SC, leading Mr Bryon Chiu, instructed by Zhong Lun Law Firm LLP, for the Plaintiff

Mr Douglas Lam SC, leading Mr Charlie Liu, instructed by K M Tang & Co, for the 1^st Defendant

Ms Rosa Lee, instructed by Chen & Lee Law Office, for the 2^nd Defendant