Lee Kwok Kei v. Leung Ping Shing Roger

HCMP 3009/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3009 OF 2014

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JUDGMENT
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1.This is an application for an order of committal against the respondent for failing to comply with a tracing order dated 4 November 2011.

2.This morning the respondent informed the court that in fact all the documents which met the requirement of that order had been produced in the course of an Order 49B examination which took place in August 2013.  The respondent has confirmed his contention in the witness box.

3.The applicant was not present during the examination and he is unable to say if his solicitor did or did not receive the documents in question from the respondent.  The applicant has decided not to try to verify the respondent’s contention because it would result in an adjournment of this hearing.

4.In light of the evidence given by the respondent, there is little option open to the court but to dismiss this application and I do so accordingly.

5.I make no order as to costs because the contention advanced by the respondent should have been laid out well before this hearing.

The applicant appeared in person

The respondent appeared in person