AMEROLL METAL PRODUCTS CO LTD v. WORLD TEAM INTERNATIONAL LTD

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 7376 OF 1996

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JUDGMENT

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1. At the start of the trial, Mr. Peter Wong, a solicitor with the firm of Wong, Fung and Po, applied for leave to cease acting for the Defendant in this matter. I adjourned these proceedings into Chambers and heard that application which is supported by Mr. Wong's affirmation made on the 8th June 1998.

2. The affirmation indicated that Mr. Wong had repeatedly attempted to contact his client to warn them of the approach of this trial. The person that Mr. Wong had been attempting to contact is a Mr. Cheung Yiu Tong, one of the Defendant's directors and, I understand, an important witness in this action. Mr. Wong explained that it has not been possible to contact Mr. Cheung and that he had been told by Ms. Tsang (who is the Defendant's administrative manager) that Mr. Cheung was out of the jurisdiction and not contactable. Mr. Wong sought instructions as to whether he should apply for an adjournment but in response, received a fax from his client stating that the firm was no longer needed to represent the company in this action.

3. In these circumstances, I abridged time for his summons and granted his application for his firm to cease acting as solicitors for the Defendant in this action. I then continued with the trial (of the Plaintiff's claim and the Defendant's counterclaim) in the Defendant's absence.

4. Miss Chow, counsel for the Plaintiff, has tendered the witness statements which, by a direction previously given, were ordered to stand as evidence in chief subject to the views of the trial judge. I decided to retain them as evidence in chief and I invited Miss Chow only to call such evidence as she considered necessary to supplement such evidence.

5. The first witness called was Mr. Mok Wai Kee. The background to this case involves an agreement entered into between the Plaintiff and the Defendant whereby the Plaintiff was to manufacture certain moulds from which there would be manufactured and supplied metal parts for car audio sets. The contract set the total price at $155,000.00 and 50% of this was paid on 9th January 1995. It was agreed between the parties that upon samples made from the moulds being approved, the balance of the purchase price would become payable. Miss Chow indicated that because of cancellation of certain items previously ordered in the original contract, the sum of $2,100.00 should be deducted from the amount claimed.

6. Certain modifications involving additional work were agreed between the parties and effected by the Plaintiff. These modifications give raise to a claim for the total sum of $27,450.00.

7. Mr. Mok, in giving evidence, handed up exhibits conveniently summarising the course of production of the initial samples, of the making of the modifications and of delivery of the samples produced from the moulds. He gave evidence that these latter samples were all duly approved and that no complaints were received from the Defendant until such time as they were sued for the balance of the purchase price. Miss Chow also called Mr. Ng Ah Yung, the Plaintiff's managing director who confirmed this evidence.

8. In the light of the evidence before me, I am satisfied that the Plaintiff has duly proved its case and I therefore give Judgment in favour of the Plaintiff in the sum of $102,850.00 plus costs. I will hear counsel as to interest.

[Having heard counsel]

9. I Order interest to run on the sum of $76,400 from 15^th May 1995 to the date of this Judgment and on the sum of $27,450 from 14^th June 1995 until the date of this Judgment at the rate of 1% above the Hong Kong prime rate.

10. I also dismiss the Defendant's counterclaim with costs.