XCHRX JESSLETON LTD. v. JOSEPH SY & ASSOCIATE LTD. AND OTHERS

HCA 6934/1996

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 6934 OF 1996

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D E C I S I O N

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1. The Plaintiff's claim against the 3rd Defendant was brought on the basis that the 3rd Defendant has signed contractual documents in his personal capacity. I disagreed with that contention in the judgment dated 1 December 2001 and found in the 3rd Defendant's favour in that regard. The time spent on that issue was estimated to be 1/8th of the length of the trial.

2. The 3rd Defendant argues in this application that all things said and done during the trial were relevant to both the 1st and 3rd Defendants and so the trial time should be equally apportioned between them. I disagree and do not see any merit in the approach advocated for by the 3rd Defendant. Apart from that contention, the 3rd Defendant has not challenged the time estimate set out in the judgment. On the other hand, the Plaintiff agrees with the time estimate.

3. By reason of the above matters, this application is refused.