Pacific Fine Engineeering Ltd v. Samtech Lighting Ltd

DCCJ302/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 302 OF 2009

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BETWEEN

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Before: H H Judge Chow in Chambers (Open to the public)

Date of Hearing:   3 August  2009

Date of Decision:   3 August  2009

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D E C I S I O N

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1.The 1st defendant has not filed any affirmation to oppose the plaintiff’s application which is supported by evidence, uncontradicted, due to the 1st defendant’s failure to file an affirmation.

2.The plaintiff’s evidence shows that there were acts committed by the 1st defendant through its debt-collecting agent. On those acts committed, it is fully justified for this court to impose the injunction sought in this summons. Therefore, this court makes an order in terms of items (a)(i) to (vi), and item (b) of this summons.

3.The plaintiff does not make any claim under item (c) and item (d). Therefore, I make no order in respect of these two items.

(Discussion re costs)

4.Costs of today’s hearing and costs of this action (including the costs of the hearing on 8 May, 2009 before Master Lo) be to the plaintiff, to be taxed if not agreed, with certificate for counsel. The above costs order is against D1, the 1st defendant.

Mr Wilfred Tsui, instructed by Messrs Stephen Lo & P. Y. Tse Solicitors, for the Plaintiff

1st Defendant, in person, present