Silver Chance Ltd. v. China Sci-tech Holdings Ltd.

Read the full judgment text of HCA 1769/1999 on BabelCite. This High Court CFI judgment was delivered on 22 July 1999.

1. On this application for summary judgment, I am very nearly prepared to give judgment for the plaintiff. I regard as shadowy the suggested defence that the debtor did not receive the documents which it needed and to which it was entitled in order to obtain its goods and that the goods have a result ended up in the hands of a stranger. I will, therefore, give leave to the defendants to defend both these actions only on condition that the whole of the sum claimed be paid into court within 14 day

Cites 2 cases

Case No.HCA 1769/1999
Court
High Court CFI
Date22 Jul 1999
Judge
Case Document
100%Judiciary

HCA001769/1999

HCA 1771/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1771 OF 1999

BETWEEN
上海海泰克貿易發展公司 1st Plaintiff
SILVER CHANCE LIMITED 2nd Plaintiff
AND
CHIU TAO 1st Defendant
YEUNG YIP 2nd Defendant

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HCA 1769/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1769 OF 1999

BETWEEN
SILVER CHANCE LIMITED Plaintiff
AND
CHINA SCI-TECH HOLDINGS LIMITED Defendant

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Coram : Hon. Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance)

Date of hearing : 22 July 1999

Date of judgment : 22 July 1999

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J U D G M E N T

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Godfrey, J.A. :

1. On this application for summary judgment, I am very nearly prepared to give judgment for the plaintiff. I regard as shadowy the suggested defence that the debtor did not receive the documents which it needed and to which it was entitled in order to obtain its goods and that the goods have a result ended up in the hands of a stranger. I will, therefore, give leave to the defendants to defend both these actions only on condition that the whole of the sum claimed be paid into court within 14 days from today. If the condition is satisfied, costs will be costs in the cause; if not, then the plaintiff will have judgment for the sum claimed, and its costs, in both actions.

(Gerald Godfrey)
Justice of Appeal

Representation:

Mr. Samuel Chan instructed by Messrs. Or, Ng & Chan for Plaintiffs

Mr. Edward Chan, SC & Mr. Dennis Law instructed by Messrs. Tong Kan & Co. for Defendants