BANK OF CHINA (HONG KONG) LTD v. LEUNG SHIU KEE AND OTHERS

DCCJ 1208/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 1208 OF 2009

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D E C I S I O N

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1. Today the plaintiff has come to this court to apply for the injunction order made against the 5th defendant on 27 February 2013 to be continued until further order.

2. The 5th defendant in his affirmation dated 5 March 2013 indicated under paragraph 4 of his affirmation that he wished to discharge the said injunction order made in his absence, but he did not turn up in court and he did not send a representative or a solicitor to appear in this court to pursue his application and to argue the case.

3. In the circumstances, he having failed to pursue his application, I will not discharge the injunction order simply because the 5th defendant has not come here to court to make his application to discharge the said order.

4. In the circumstances, I continue the injunction order made on 27 February 2013 until further order.

5. Costs of today’s hearing be to the plaintiff, to be taxed, if not agreed.