He Shimeng and Another v. Pacific Rise Enterprise Ltd. and Another

HCA001261A/2002

HCA1261/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.1261 OF 2002

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Coram: Deputy High Court Judge Fung in Chambers

Date of Hearing: 29 January 2003

Date of Ruling: 29 January 2003

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R U L I N G

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1.I give my ruling on an application for an adjournment by the 1st and 2nd defendants.

2.Miss Luk, appearing on behalf of the 1st and 2nd defendants, applied for an adjournment of this appeal on the grounds of late instructions, which was only received yesterday, and also for re-application for legal aid by the 2nd defendant. It is helpful to run through the chronology of the steps taken in these proceedings by the 1st and 2nd defendants in order to assess the application for adjournment.

3 April 2002	Writ and statement of claims issued and served
21 May 2002	Judgment in default of acknowledgement of service against the 1st and 2nd defendants
27 May 2002	Notice to act for the two defendants by Messrs Gary Tam & Co.
25 June 2002	Statutory demand on the 2nd defendant
16 July 2002	Defendants' summons to set aside the default judgment
19 July 2002	Notice of change of solicitors for the defendants by Messrs Joseph Mok & Co.
1 August 2002	Notice to act in person by the 2nd defendant
5 September 2002	Notice to act for the defendants by Messrs Wilson Yeung & Co.
20 September 2002	Summons to set aside dismissed by Master de Souza
4 October 2002	Notice of change of solicitors for the defendants by Messrs Dominic Y.K. Lai & Co.
24 October 2002	Notice to act for the defendants by Messrs Herman HM Hui & Co.
25 October 2002	Consent order adjourning an application for stay of execution sine die with liberty to restore by Master Woolley
15 November 2002	Notice to act in person by the 2nd defendant
16 November 2002	Notice to act in person by the 1st defendant
18 November 2002	Order adjourning the appeal by Ma J, and leave to file affirmation in reply by the defendants within 14 days
10 December 2002	Summons for extension of time to file affirmation in reply and further adjournment by the defendants
18 December 2002	Order for extension of time of 14 days to file affirmation in reply by the defendants and adjournment of the appeal
3 January 2003	Failure to file affirmation in reply by the defendants
13 January 2003	Refusal of legal aid to the 2nd defendant
23 January 2003	Defendants giving solicitors for the plaintiff a notice to apply for adjournment of the hearing of appeal today for one month in order to obtain legal advice

3.It is evident from the chronology I have just given that this appeal has been adjourned twice. Further, time has been given to the 1st and 2nd defendants to file affirmation in reply and they have failed to do so. And they have changed solicitors no less than five times and legal aid has been refused. I cannot see any other reason but delaying tactics.

4.The 2nd defendant herself is absent today. I have asked Miss Luk to contact her. Miss Luk said contact was unable to be established: the mobile phone was switched off.

5.The grounds of application for adjournment was to apply for legal aid, which was refused before, and also to have more time for legal advice. I must say that the case started in April last year, and the defendants have now come to the sixth firm of solicitors. Whatever opportunity they need must be deemed to have been given. In all the circumstances, I refuse the application to adjourn the appeal for a third time.

Representation:

Mr Francis Yip, instructed by Messrs Ko & Chow,for the 1st and 2nd Plaintiffs

Miss Luk Man of Messrs Chan & Cheng, for the 1st and 2nd Defendants