Wong Hei Man Patrick v. Wong Kin Leung

HCA011881/1995

1995, No.A11881

IN THE HIGH COURT OF HONG KONG

COURT OF FIRST INSTANCE

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Coram: Hon Sears J. in Chambers

Dates of hearing: 29 July and 15 September 1997

Date of judgment: 15 September 1997

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J U D G M E N T

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1. I heard argument on this appeal first on July 29^th. I adjourned the hearing as it appeared to me that the plaintiff might have been prejudiced by the defendant obtaining a default judgment when there was apparently an O.14 appeal.

2. At today's hearing I have read the affidavits filed and listened to further submissions, as well as the written submissions.

3. I consider that the judgment entered in the counterclaim was regularly obtained.

4. The plaintiff is adopting delaying tactics, there appears to be an admission to this claim. I can find no proven defence to the claim for $1,371,827.40.

5. The appeal is allowed. The charging order remains. Costs of the appeal be to the Defendant.

Representation:

Miss Teresa Cheng, inst'd by M/s K.B. Chau & Co., for Plaintiff

Mr Lawrence Ng, inst'd by M/s Gallant Y.T. Ho & Co., for Defendant