The Daiwa Bank Ltd. v. Top Man International Trading Ltd. and Another

Read the full judgment text of HCA 17960/1998 on BabelCite. This High Court CFI judgment was delivered on 23 July 1999.

1. I am satisfied that I should allow this appeal, and make an order under section 181 of the Companies Ordinance, Cap. 32, staying all proceedings in the plaintiff's action save for the purpose of taxation and enforcement of payment of the costs of that action awarded to the plaintiff by an order dated 26 April 1999.

Case No.HCA 17960/1998
Court
High Court CFI
Date23 Jul 1999
Judge
Case Document
100%Judiciary

HCA017960/1998

HCA 17960/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 17960 OF 1998

BETWEEN
THE DAIWA BANK LIMITED Plaintiff
AND
TOP MAN INTERNATIONAL TRADING LIMITED formerly known as BURLINGAME INTERNATIONAL TRADING COMPANY LIMITED 1st Defendant
BURLINGAME INTERNATIONAL COMPANY LIMITED 2nd 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 : 23 July 1999

Date of judgment : 23 July 1999

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J U D G M E N T

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1. I am satisfied that I should allow this appeal, and make an order under section 181 of the Companies Ordinance, Cap. 32, staying all proceedings in the plaintiff's action save for the purpose of taxation and enforcement of payment of the costs of that action awarded to the plaintiff by an order dated 26 April 1999.

2. I shall give the plaintiff liberty to apply after 30 November 1999 (if so advised) to lift the stay hereby granted.

(Gerald Godfrey)
Justice of Appeal

Representation:

Mr. Chan Chi Hung, instructed by Messrs. Peter K.H. Wong & Co., for the Plaintiff

Miss Lisa Wong, instructed by Messrs. Denton Hall, for the 2nd Defendant