LUCKY HORSE GARMENT FACTORY LTD. v. CHAN LIE HUNG t/a LUEN SANG TEXTILES CO. (a firm)

HCA18682/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO.18682 OF 1999

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D E C I S I O N

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1. After my decision on this matter, the plaintiff applied in writing to vary my order by seeking an additional order that the defendant do transfer to the plaintiff or its nominees or assigns 2024 dozens of category 347 quota on a Type B transfer basis ("permanent transfer"). It explained that it would ask for the damages to be assessed in default of the defendant transferring the quota to it.

2. The defendant had responded to this request by a written submission.

3. In my view, the plaintiff is clearly entitled to this relief. This is expressly provided for in the agreement itself. Failure by the defendant to effect the transfer on or before 30 April 1999 does not mean that it is no longer liable to effect the transfer. The claim for the transfer of the quota is expressly pleaded in the Re-Amended Statement of Claim and the Order 14 summons. As I have found for the plaintiff, I shall vary the order by ordering in addition that the defendant is to transfer the quota within 14 days.