Daimler Ag (Formerly Mercedes-benz Aq) v. Leiduck, Herbert Heinz Horst and Another

HCA 4089/1994

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 4089 OF 1994

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Before: Hon L Chan J in Chambers

Date of Hearing: 27 November 2012

Date of Decision: 30 November 2012

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D E C I S I O N

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1.The summons issued by the defendants on 20 August 2012 is dismissed. There be a costs order nisi that the defendants do pay the plaintiff the costs of this summons in any event with certificate for two counsel.

2.There be an order in terms of paragraph 1 of the defendants’ summons issued on 9 November 2012 to strike out the witness statement of Vladimir Khvalei dated 31 August 2012.  There be a costs order nisi that the plaintiff do pay the defendants’ costs of this summons in any event but without counsel fees. 

3.There be an order in terms of paragraphs 1, 2, 3, 4 and 5 of the plaintiff’s summons issued on 21 November 2012.  There a costs order nisi that the defendants do pay the plaintiff the costs of this summons in any event with certificate for two counsel.

Mr John M Y Yan, SC and Ms Sara Tong, instructed by Baker & McKenzie, for the plaintiff

Ms Alice Mok, SC and Mr Clark Wang, instructed by Robertsons, for the 1st and 2nd defendants

Please refer to CACV12/2013 for the relevant appeal(s) to the Court of Appeal.