Showa Leasing (Hong Kong) Ltd. v. Interform Joint Ventures Ltd. and Others

HCA012535/1998

HCA 12535/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 12535 OF 1998

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

Date of Hearing : 26 August 1999

Date of Judgment : 26 August 1999

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J U D G M E N T

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1. This is an application for summary judgment. The defendant accepts that it has no defence to the action. But it asks for an adjournment, to enable a restructuring exercise to be completed in the near future. It has been unable to persuade the plaintiff to accept such an adjournment, or to agree to a stay of execution of any judgment made today. I have no power to refuse judgment today and any question of adjournment etc. is a commercial question which can only be resolved by agreement between the parties. Since such agreement has not been reached I will give judgment today for the plaintiff as asked. The costs of the plaintiff of the action are to be taxed and paid by the defendants to the plaintiff.

Representation:

Mrs. Dora K.H. Chan instructed by M/s. Darin Leung & Partners for Plaintiff

Mr. Patrick Szeto instructed by M/s. Richards Butler for Defendants