Dalian Jinda Group (International) Ltd v. Hera Essenze & Design S.R.L.

DCCJ3853/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3853 OF 2008

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Before:    Deputy District Judge Kent Yee in Chambers (Open to  Public)

Date of Hearing: 1 April 2010

Date of Ruling:  1 April 2010

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R U L I N G

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1.This was an application of the defendant for a stay of proceedings by summons dated 5 January 2010 under Order 12, rule 8, rule 2 and rule 2A, Rules of the District Court and inherent jurisdiction.  The basis of this application is that Hong Kong is a forum not convenient and that the proper forum should be the courts in Italy as set out in the summons.

2.This morning, Mr Rattigan, of Messrs Haldanes acting for the defendant, informed the court that they did not have instruction in this matter and hence decided not to proceed with this application.

3.In the circumstances, I dismissed the summons with costs with certificate for counsel to the plaintiff summarily assessed at HK$46,500.

4.On the other hand, the defendant asked for 14 days from today to file its defence.  In the absence of objection of the plaintiff, I made the order and grant leave for the defendant to file its defence within 14 days from today.

Ms Elizabeth Cheung, instructed by Messrs Cheung, Chan & Chung, for the Plaintiff

Mr Patrick Rattigan, of Messrs Haldanes, for the Defendant