上海海泰克貿易發展公司 and Another v. Chiu Tao and Another

HCA001771/1999

HCA 1771/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1771 OF 1999

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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

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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.

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

Remarks:
Application by the lst Defendant to the Court of Appeal for a stay of judgment in actions HCA 1769 and 1771 of 1999 pending an appeal. Application dismissed. Please refer to the Appeal Judgment CACV000243/2002.