Show Hong Realty Ltd. and Another v. Dynasty Health Spa Ltd.

Read the full judgment text of HCA 4869/1999 on BabelCite. This High Court CFI judgment was delivered on 3 August 1999.

1. I am asked to adjourn the hearing of this application to set aside a default judgment since counsel is unavailable to attend today. But there is a long history here of delay and stalling on the part of the defendant and I am satisfied that on balance the lesser injustice will be caused if I deal with this application now. As to its merits, I see none in it, and I will accordingly dismiss it with costs.

Case No.HCA 4869/1999
Court
High Court CFI
Date03 Aug 1999
Judge
Case Document
100%Judiciary

HCA004869/1999

HCA 4869/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 4869 OF 1999

BETWEEN
SHOW HONG REALTY LIMITED and
TAI FU KWAI REALTY LIMITED
Plaintiffs
AND
DYNASTY HEALTH SPA LIMITED Defendant

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

Date of Hearing : 3 August 1999

Date of Judgment : 3 August 1999

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J U D G M E N T

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Godfrey, J.A. :

1. I am asked to adjourn the hearing of this application to set aside a default judgment since counsel is unavailable to attend today. But there is a long history here of delay and stalling on the part of the defendant and I am satisfied that on balance the lesser injustice will be caused if I deal with this application now. As to its merits, I see none in it, and I will accordingly dismiss it with costs.

(Gerald Godfrey)
Justice of Appeal

Representation:

Mr. Brian Wong instructed by M/s. M.K. Lam & Co. for Plaintiffs

Mr. W.M. Chan of M/s. S.H. Chan & Co. for Defendant