Majorette Hong Kong Ltd v. Fullmore Corporation Ltd

HCA 1583/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1583 OF 2008

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Before: Deputy High Court Judge A. Chow, SC in Chambers

Date of Hearing: 16 February 2009

Date of Decision: 20 February 2009

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D E C I S I O N

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1.There is before the court the Plaintiff’s application by summons dated 13 October 2008 for inspection of the moulds specified in Appendix A of the Statement of Claim under Order 29 Rule 2 of the Rules of the High Court.

2.At the commencement of the hearing, Mr Shaw on behalf of the Plaintiff informed the court that the parties were agreed that they would abide by the outcome of a similar application before the court in SIMBA-TOYS (HONG KONG) LIMITED v FULLMORE CORPORATION LIMITED, HCA 1599/2008, listed for hearing at the same time.  No separate submissions were made by the parties relating to this application.

3.For the reasons set out in the Decision in HCA 1599/2008 to be handed down on the same date as the handing down of this Decision, I dismiss the Plaintiff’s summons with costs to the Defendant in any event.  Since I have not heard the parties on the issue of costs, I shall make it an order nisi, with liberty to the Plaintiff to apply to vary the order as to costs within 14 days from the date of handing down of this Decision.

Mr Geoffrey Shaw of Messrs Deacons, for the Plaintiff

Mr Martin Wong, instructed by Messrs Chong & Partners, for the Defendant