JOYFUL SPARKLE CO LTD v. SHAN YU CO

DCDT48/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

DISTRAINT CASE NO. 48 OF 2008

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D E C I S I O N

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1.  In the defendant’s affirmation in support of this application there have been set out all the material facts and evidence in this case. I accept the evidence.

2.  The warrant of distress in this case was wrongfully taken out by the plaintiff, namely the landlord of the subject premises in question, because no rent was owed by the defendant to the plaintiff at the material time.  I therefore make the following orders:-

1.       The  warrant of distress dated 9 January 2008 be hereby discharged.

2.       The sum of HK$35,575 paid into court on 24 January 2008 together with interest, if any, be paid out of court to the defendant forthwith.

3.       Costs of this application, including all costs previously reserved on 1 February 2008, 7 March 2008 and 7 May 2008, be paid forthwith by the plaintiff to the defendant.

(Discussion re costs)

3.  I repeat the costs order:

Costs of this application, including all costs previously reserved on 1 February 2008, 7 March 2008 and 7 May 2008, be paid forthwith by the plaintiff to the defendant.  The costs are hereby summarily assessed at $37,000.