Dichain Holdings Ltd v. Orient Day Developemnts Ltd and Others

Case No.HCMP 2128/2006
Court
High Court CFI
Date09 Mar 2007
Judge
Case Document
100%

HCMP 2128/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2128 OF 2006

______________________

BETWEEN

  DICHAIN HOLDINGS LIMITED Plaintiff
  and  
  ORIENT DAY DEVELOPEMNTS LIMITED 1st Defendant
  PEARL ORIENTAL INNOVATION LIMITED 2nd Defendant
  FARSIGHT HOLDINGS LIMITED 3rd Defendant

______________________

HCA 2401/2006

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2401 OF 2006

______________________

BETWEEN

  PEARL ORIENTAL INNOVATION LIMITD
(東方明珠創業有限公司) (formerly known as CHINA MERCHANTS DICHAIN (ASIA) LIMITED (招商迪辰(亞洲)有限公司)
1st Plaintiff
     
  ORIENT DAY DEVELOPMENTS LIMITED
(東日發展有限公司)
2nd Plaintiff
     
  and  
     
  DICHAIN HOLDINGS LIMITED
(招商迪辰集團有限公司)
Defendant

______________________

(Heard together)

Before : Deputy High Court Judge Gill in Chambers

Date of Hearing : 2 March 2007

Date of Ruling : 9 March 2007

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CORRIGENDUM

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 At page 8, the whole paragraph 25 be replaced by the following paragraph,

25. The trial of the action HCA2401/2006 shall follow the action HCMP2128/2006 in the same list and be heard together before the same judge at the same time;
  The Plaintiff and Defendants under action HCMP2128/2006 shall not be entitled to rely on affidavit evidence if the deponent thereof has not been brought to the trial for cross-examination; 
  The Plaintiffs and Defendant under HCA2401/2006 shall within 14 days from the date of the order herein being sealed file and serve on each other a list of documents, followed by mutual discovery and inspection of documents within 14 days of such service; 
  The Plaintiffs and Defendant under HCA2401/2006 shall within 21 days thereafter mutually exchange signed written statements of all witness as to fact and file the same with the Court; 
  The witness statements and affirmations under HCA2401/2006 and HCMP2128/2006 respectively aforesaid shall stand as evidence-in-chief unless the trial judge directs otherwise; 
  Liberty to apply; 
  Liberty to apply for an early date for trial (including freedom to fix during the legal vacation) upon compliance with the aforesaid; 
  Costs of the Notice of Appointment to hear Originating Summons under HCMP2128/2006 be in the cause; and 
  Costs of the application under the respective summonses filed herein on 16th February 2007 in HCMP2128/2006 and 2nd March 2007 in HCA2401/2006 be to the Plaintiffs under HCA2401 of 2006 in any event. 
   
   
  (Janice Li)
Clerk to Deputy High Court Judge Gill
19th April 2007