Tianxiang Garment Ltd v. Wm (Far East) Ltd

HCA 1700/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1700 OF 2004

____________

BETWEEN

____________

Before:  Mr Recorder P Fung, SC in Court

Date of Hearing:  5 September 2008

Date of Ruling:  5 September 2008

__________

R U L I N G

__________

1.The Plaintiff applies for an adjournment in order to adduce new documentary evidence, and the Plaintiff also applies to call an additional witness from a company called Hanbo International Limited to deal with the matter of the payment or alleged payment of the quota price.  Such evidence all relates to this alleged payment of the quota price in respect of which some documents are already in the bundle.

2.I appreciate that if such new evidence is allowed to be adduced, then it is only fair that the Defendant should have sufficient time to investigate into and deal with the same, and hence some delay to the trial will be caused.  On the other hand, I also take into account the particulars of the agreements which I have directed both parties to supply to the court to enable the court to know exactly what agreements are relied on for the cause of action pleaded by each party.  So, in all the circumstances, I exercise my discretion in granting an adjournment to the Plaintiff to enable the parties, in particular, the Plaintiff, to put their house in order.

3.I propose to adjourn the matter to Tuesday, that is the 9 September.  I would expect that by Tuesday the parties would really have made an effort to put their respective houses in order.  This would include the service of all supplemental witness statements, whether of existing witnesses or of any additional witness, and it would also include the making of full discovery of all relevant documents.

4.Mr Chong has already made discovery of some documents and Mr Chiu has indicated that he would possibly need to look at other documents for the purpose of verification and so on.  So, I would expect the parties to really make an effort in relation to full discovery of all relevant documents before the weekend and the same should be supplied to the opposite party at the latest on Monday.  And also I expect to receive the particulars of the agreements as directed by me on Monday, and I should point out that it would be highly unlikely that I will entertain any further application for an adjournment.

5.The Plaintiff claims as part of its damages the price paid for the quota.  Basically, it is for the Plaintiff to adduce all relevant evidence, documentary or otherwise for that purpose.  The adjournment has been necessitated by the Plaintiff’s application to adduce further documentary evidence and to supply a witness statement of the witness from Hanbo International Limited.  It is only fair that the costs thrown away by the adjournment including yesterday’s and today’s hearing should be paid by the Plaintiff in any event. 

6.Strictly speaking, an application for security for costs should be dealt with appropriately on material adduced for that purpose.  At this stage of the proceedings, I am not willing to order further security for costs as asked for by Mr Chiu for the Defendant.

7.Earlier, when I pointed out that the parties should put their respective houses in order, I did not mention the question about the dated and undated receipts.  It is something which should be included.  If the parties want to investigate into this matter further, then it should also be done on the same occasion, and I would imagine that if the Plaintiff’s side wants to give an explanation, it should be done by way of a witness statement or a supplemental witness statement.  And may be I have not exhausted the list of the things which ought to be done by the parties.  The parties will have to consider the matter very carefully and deal with them.  If any party wishes to ask for further and better particulars or ask for further discovery, then it should also be done before the weekend so that the matter can be attended to by the other side at the latest by Monday.  That is why I decided to adjourn the matter to Tuesday, as opposed to Monday, so as to enable the parties to really make an effort to do whatever is necessary to enable this case to continue and to be completed.  I am expecting to finish the case at the latest, no matter what, by next Friday.

Mr Patrick Chong, instructed by Messrs Wong Fung & Co, for the Plaintiff

Mr Simon Chiu, instructed by Messrs Allen Chan & Co, for the Defendant