Wing Fai Construction Co Ltd (in Liquidation) v. Benefit Holdings International Ltd and Others

HCA810/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 810 OF 2003

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BETWEEN

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Before: Deputy High Court Judge Saunders in Chambers (Open to public)

Date of Hearing:  29 August 2005

Date of Ruling:  29 August 2005

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R U L I N G

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1.I am satisfied that this is a case where I should vary the order nisi.

2.The Plaintiff has chosen to appeal against the whole of the Master’s order.  It was not until trial that it determined that it would effectively abandon the appeal against the Master’s order.

3.That is a success for the Defendant because the liquidator is then obliged to file the affidavit.  It gives the Defendant an order that he can rely upon in relation to any other documents that might be found in the event that there is an argument as to whether they are discoverable.  It is right that it did not take up a lot of a hearing but it was the subject of affidavits and subject also in the submissions.

4.In all of the circumstances, I am satisfied that the proper order should be that there are no orders for costs on the appeal, including the argument as to costs.

Mr José-Antonio Maurellet, instructed by Messrs Clifford Chance, for the Plaintiff

Mr Clifford Smith, SC, instructed by Messrs Barlow Lyde & Gilbert, for the 1st to 4th Defendants