Power Trading & Engineering Co (China) (A Firm) v. Nippon Kanzai Center Co Ltd

HCA 3960/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 3960 OF 2002

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BETWEEN

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Before: Recorder Edward Chan, SC in Court

Date of Hearing: 4 January 2005

Date of Judgment: 4 January 2005

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C O R R I G E N D U M

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Kindly note that Judgment of 4 January 2005 at page 4, paragraph 10, last line, “13 September 1999” should be repealed and replaced by “9 December 1998”.

Dated this 11th day of January 2005

against Beijing Junefield.  However there is no admissible evidence before me in this respect.

9.Before me, Mr Ng gave evidence to verify the amount due.  On the part of the Defendant, there was no evidence called.  Although in the witness statement of Mr Nakamura filed by the Defendant, it was suggested that there was some dispute on the quantum of the amount due, as Mr Nakamura did not give evidence his witness statement could not be referred to and there is no admissible evidence before me to contradict the evidence of Mr Ng.

10.In the circumstances, I find that the amount due to the Plaintiff was as claimed by the Plaintiff and I will give judgment for the Plaintiff in the sum as claimed i.e. US$183,993.88 or its Hong Kong dollar equivalent at the time of payment with interest at 1% above the Hong Kong dollar prime rate of the HSBC from 9 December 1998 to the date hereof.

11.There will also be cost to the Plaintiff.

Mr Joeson Wong, instructed by Messrs Chan & Chan, for the Plaintiff

Defendant in person, absent

Third Party in person, absent