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HCMP000637/1998
HCMP 637/98
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 637 OF 1998
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IN THE MATTER of the land and premises known of All Those 4 equal undivided 920th parts or shares of and in All That piece or parcel of ground registered in the Land Registry as The Remaining Portion of Kowloon Inland Lot No. 6817 and of and in the messuages erections and building thereon known as Chungking Mansion ("the said building") together with the right to the exclusive use occupation and enjoyment of All That Shop 5 on the Ground Floor of the said building as shown and coloured Pink on the Ground Floor Plan annexed to an assignment registered in the Land Registry by Memorial No. 1496425 and together with the right to use All That the Wall Stalls on The Exterior of the said building excluding the Nathan Road Frontage of the said building ("the said premises")
AND IN THE MATTER of the sale and purchase agreement of 4th September 1997 of the said premises and made between City Chain Properties Limited, as the vendor, the Speedy Port Limited, as the purchaser ("the said sale and purchase agreement")
AND IN THE MATTER of S.12 of the Conveyancing and Property Ordinance, Chapter 219, Laws of Hong Kong
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SPEEDY PORT LIMITED |
Plaintiff |
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CITY CHAIN PROPERTIES LIMITED |
Defendant |
Coram: The Hon. Mr. Justice Sakhrani in Chambers
Dates of Hearing: 14 October 1998
Date of Decision: 23 October 1998
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D E C I S I O N
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1. This is an application by the Defendant by summons dated 22nd May 1998 for an order, inter alia, that these proceedings be stayed until after determination of Action No. A2221 of 1998.
2. The Plaintiff Speedy Port Ltd. is the Defendant in that action commenced by the Defendant City Chain Properties Ltd. as Plaintiff in that action. I have today handed down my judgment on the application by Speedy Port Ltd. to strike out certain paragraphs and prayers for relief in the Statement of Claim in that action. In view of my judgment, there will clearly be disputes of fact which need to be resolved at trial. That being so, I consider that it is proper to make an order that these proceedings be stayed until after the determination of Action No. A2221 of 1998. The various disputes between the parties can best be resolved in that action. Both counsel also considered that this was the proper way to proceed in the event that I decided not to accede to Speedy Port Ltd's application to strike out in that action. I have today dismissed that application to strike out.
3. I make an order that these proceedings be stayed until after the determination of Court of First Instance Action No. A2221 of 1998.
4. I also make an order nisi that the costs of the application be costs in the cause.
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(Arjan H. Sakhrani) |
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Judge of the Court of First Instance |
Representation:
Mr. Robert Tang S.C. and Mr. K.M. Chong instructed by Messrs. Chung & Partners for Plaintiff.
Mr. Warren Chan S.C. and Mr. Paul Lam instructed by Messrs. Woo, Kwan Lee & Lo for Defendant.
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