Mayar (HK) Ltd v. Narotam Sayal

HCA002801/2002

HCA 2801/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2801 OF 2002

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Coram: Master Kenneth Wong in Court

Date of Hearing: 15 October 2003

Date of Decision: 15 October 2003

Date of Handing Down Decision: 21 October 2003

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REASON FOR DECISION

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1.I have made an order to adjourn the hearing of assessment of damages today sine die not to be restored until after the hearing of the Defendant's Summons to set aside the default judgment, which has also been adjourned to give time to parties to file evidence. The Plaintiff then applies for costs of the hearing today, on the basis that the Defendant's application to set aside the default judgment was made late.

2.The Defendant's solicitors filed the Notice to Act on 7 October 2003 and took out the said application on 13 October 2003, together with two supporting affidavits with voluminous exhibits. I note the size of the documents and a number of jurisdictional and factual issues have been raised in the evidence filed. As such, I think the Defendant's solicitors cannot be blamed for having done so much work in those 6 days after they were appointed by the Defendant. Of course, that does not explain why the Defendant has come to his solicitor so late, being less than 2 weeks before the hearing today. I note that the Defendant has given some explanation in his affidavit. Hence the matter should be dealt with in the coming hearing after the Court has an opportunity to look at all the evidence filed by both parties.

3.For this reason, I reserve the costs of the hearing today, to be decided together with the costs of the Defendant's Summons to set aside default judgment filed on 13 October 2003.

Representation:

Mr. A. Cheng instructed by Messrs. Patrick Wong & Co. for the Plaintiff.

Mr. Taylor of Messrs. Tanner De Witt for the Defendant.