Case Details

Citation

XCHRX SHOWA LEASING (HONG KONG) LTD. v. INTERFORM JOINT VENTURES LTD. AND OTHERS, HCA 12535/1998

Case Number

HCA 12535/1998

Court

Court of First Instance

(CFI)

Decision Date

26 August 1999

Parties

Applicant(s):

SHOWA LEASING (HONG KONG) LIMITED

Respondent(s):

INTERFORM JOINT VENTURES LIMITED (formerly known as INTERFORM (H.K.) LIMITED), INTERFORM CERAMICS TECHNOLOGIES LIMITED, INTERFORM INTERNATIONAL LIMITED

For Applicant(s):

Mrs. Dora K.H. Chan instructed by M/s. Darin Leung & Partners

For Respondent(s):

Patrick Szeto instructed by M/s. Richards Butler

XCHRX SHOWA LEASING (HONG KONG) LTD. v. INTERFORM JOINT VENTURES LTD. AND OTHERS

HCA 12535/1998

Court of First Instance26 August 1999

HCA012535/1998 XCHRX SHOWA LEASING (HONG KONG) LTD. v. INTERFORM JOINT VENTURES LTD. AND OTHERS

HCA012535/1998

HCA 12535/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 12535 OF 1998

BETWEEN
	SHOWA LEASING (HONG KONG) LIMITED	Plaintiff

	AND

	INTERFORM JOINT VENTURES LIMITED (formerly known as INTERFORM (H.K.) LIMITED)	1st Defendant

	INTERFORM CERAMICS TECHNOLOGIES LIMITED	2nd Defendant

	INTERFORM INTERNATIONAL LIMITED	3rd Defendant

----------------------

Coram : Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance)

Date of Hearing : 26 August 1999

Date of Judgment : 26 August 1999

----------------------

J U D G M E N T

----------------------

1. This is an application for summary judgment. The defendant accepts that it has no defence to the action. But it asks for an adjournment, to enable a restructuring exercise to be completed in the near future. It has been unable to persuade the plaintiff to accept such an adjournment, or to agree to a stay of execution of any judgment made today. I have no power to refuse judgment today and any question of adjournment etc. is a commercial question which can only be resolved by agreement between the parties. Since such agreement has not been reached I will give judgment today for the plaintiff as asked. The costs of the plaintiff of the action are to be taxed and paid by the defendants to the plaintiff.

	(Gerald Godfrey)
	Justice of Appeal

XCHRX SHOWA LEASING (HONG KONG) LTD. v. INTERFORM JOINT VENTURES LTD. AND OTHERS

Citation

Court

Procedural posture

Issues

Holdings

Legal principles

Disposition