Shenzhen Envirotec Electronics Co Ltd v. Cellplus (HK) Ltd
Read the full judgment text of HCA 786/2004 on BabelCite. This High Court CFI judgment was delivered on 3 November 2005.
1. In the ordinary course of events, I would have had no hesitation in making this order. The order for discovery was made in July. The Defendant has had ample time to comply with it and offers no real reason why he has not. But the matter has taken an unusual course which is going to require re-pleading the Statement of Claim and an examination of that re-pleading by a Vice-President of the Court of Appeal who, in that capacity, will be sitting as an additional judge of this court.
Cited by 6 cases
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HCA 786/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 786 OF 2004 _________________ BETWEEN
_________________ HCA 1034/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO. 1034 OF 2004 _________________ BETWEEN
(Consolidated by order of Master de Souza dated 12th November 2004) __________________ Before: Deputy High Court Judge Saunders in Chambers Date of Hearing: 3 November 2005 Date of Ruling: 3 November 2005 ____________ R U L I N G ____________ 1.In the ordinary course of events, I would have had no hesitation in making this order. The order for discovery was made in July. The Defendant has had ample time to comply with it and offers no real reason why he has not. But the matter has taken an unusual course which is going to require re-pleading the Statement of Claim and an examination of that re-pleading by a Vice-President of the Court of Appeal who, in that capacity, will be sitting as an additional judge of this court. 2.An unless order, if made, has draconian consequences and should only be made after careful thought. I am satisfied that that thought should be given after the matter has been re-pleaded and after the matter has come before the Vice-President again on 28 November. 3.I propose to adjourn this summons to 9.30 on Friday, 2 December when I shall consider the position following the re-pleading and following any comments that the Vice-President may have to make. All questions of costs are reserved.
Ms June Wee, instructed by Messrs Herbert Smith, for the 1st and 2nd Plaintiffs in HCA 1034/2004 Mr Russell Coleman, instructed by Messrs Miller Peart, for the 1st Defendant in HCA 1034/2004 |
Other judgments that cite this case
Further hearings and rulings under HCA 786/2004