Ramuka Trading Pte Ltd v. Ava Fashion Ltd and Others

DCCJ 72/2015

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 72 OF 2015

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D E C I S I O N

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1.This is the plaintiff’s inter-partes summons dated 3 February 2015 for a continuation of the interim injunction order made by myself on 19 January 2015. The plaintiff also applies for orders, in effect, allowing the discharge of the injunction upon full payment of the said sums by the defendants: see paragraphs 2 and 3 of the said summons.

2.I have heard submissions from counsel for the plaintiff and I have read the relevant supporting affirmations. 

3.I note that, other than the correspondence purportedly sent on behalf of the 1st defendant, asking to settle the matter amicably, there are no other change of circumstances.

4.Having considered the affirmations before me, I see no reason why the injunction should not be granted until judgment and I adopt the same reasons I gave in my reasons for decision handed down on 22 January 2015 as being the reasons for continuing the injunction until judgment.

5.I therefore order in terms of the plaintiff’s summons as amended.  Paragraph 1 is now being amended to read as follows: “The Injunction Order granted by Deputy District Judge W.Y. Ho on the 19^th January be continued until judgment of this action or further order of the Court.” Furthermore, paragraph 5 has now been withdrawn by the plaintiff.

6.I order that costs of this application and the costs reserved on 19 January 2015 be paid by the 1st and 3rd defendants to the plaintiff, to be taxed if not agreed, with certificate for counsel.

Mr Trevor Beel, instructed by Jal N Karbhari & Co, for the plaintiff

All defendants were not represented