XCHRX TANG MAN KIT v. HIP HING TIMBER CO. LTD.

HCA 8000/1990

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8000 OF 1990

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R U L I N G

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1. The Plaintiff has applied today for a number of orders. The first is that the Plaintiff be granted leave to file out of time the affirmation of Chong Kai Man affirmed on 14 March 2000.

2. Ms Ng has, on behalf of the Defendant, objected to the filing of this affirmation. She says that two paragraphs in this affirmation are not in reply to the Defendant's affirmation. The first paragraph that she refers to is para. 17, which deposes to the fact of the rental of the remaining part of the land and asserts that at that time farming was the principal source of income to be derived from land ownership in New Territories, and para. 19, which really consists mainly of submissions of conclusions to be drawn from the rest of the affirmation.

3. In my view, these two paragraphs can be said to be in reply to the Defendant's affirmation. The only question left therefore is whether the Plaintiff should be granted leave to file this affirmation out of time. This affirmation is delayed by about 2 months and there is nothing in the affirmation to explain the delay.

4. The hearing will be in June and I had considered what possible prejudice the late filing of this affirmation might cause to the Defendant. However, the Defendant itself is considerably late in compliance with time. Ms Ng has had to ask for further time for the exchange of experts' reports which had been ordered by me in May 1999, and taking every thing in the round, I would give leave to the Plaintiff to file an affirmation within 7 days deposing to the reasons for the delay in the filing of this affirmation as submitted by counsel.

5. I would make an order in terms of para. 1 of the summons of 18 March 2000, and I would make an order in terms of para. 2 with the time for exchange of experts' report to be within 21 days from today. I make an order in terms of para. 3, with the costs thrown away by the amendment to be paid by the Plaintiff to the Defendant in any event, and there will be an order in terms of para. 4, there being no objection to this paragraph.