SANCTUARY SYSTEMS LTD AND ANOTHER v. JOHNNIE WONG AND OTHERS

   HCMP1675/2009

   IN THE HIGH COURT OF THE

   HONG KONG SPECIAL ADMINISTRATIVE REGION

   COURT OF FIRST INSTANCE

   MISCELLANEOUS PROCEEDINGS NO. 1675 OF 2009

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R U L I N G

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1.  I am very grateful to both counsel and, if I may say so, to Mr Wou in particular who has recently been instructed in this a matter of some complexity. I have had regard to all the points that have been extremely well made by him on behalf of his clients. Nevertheless, I do not think that what Mr Wou has submitted to me today can survive the critical analysis to which those arguments have been subjected by Mr Maurellet.

2.  I am satisfied, and I am in no doubt about this, that if I make the orders that appear in the summons I would be merely reflecting what has already been ordered by Pusey J in the High Court of Jamaica, on 28 October. In fact, the really important point that Mr Maurellet has made is that there are already in existence the various orders made by Sakhrani J and Poon J. All that I am being invited to do today is to extend those orders by, it seems to me, very properly having regard to what Pusey J ordered on 28 October.

3.  Given the fact that these proceedings are only brought to support the main action in Jamaica, it strikes me that I ought to exercise my discretion in making the orders that have been asked for. I do not think there is anything, if I may say so, in the points that Mr Wou has urged upon me as to whether I might be putting the cart before the horse or anything of that sort, because when one analyses the terms of the orders asked for, these are, very properly, interlocutory orders, interim measures to hold the position in case a judgment is entered in Jamaica.

4.  So, Mr Maurellet, you must have the orders that you have come for today.

(Submissions re costs)

5.  Costs will be reserved.