ROBERTSONS (a firm) v. THOMAS JOSEPH DILLON, JR

DCCJ 2849/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 2849 OF 2006

____________

____________

______________________

DECISION

______________________

1. Having heard Miss Rowse for the Plaintiff - and the  Defendant being absent - I make the following observation and orders.

2. Firstly, the view of my learned brother Master Lai on Rule of District Court, Order 11, rule 9(4) appeared to be a narrow interpretation of that rule in that leave could only be obtained by the Plaintiff from this court after a summons, notice or order has been issued, given or made.  That would require the Plaintiff to come before this court for leave on each and every occasion when the necessity arises.

3. I notice that leave had already been granted or given by the learned Master Miss T Chan for the Plaintiff to serve the writ on the Defendant out of jurisdiction.

4. I beg to differ from the view of Master Lai in the interpretation of Order 11, rule 9(4) in that the Plaintiff could obtain leave of this court to serve all future summons/summonses, notice/notices and order/orders or other relevant documents pertaining to these proceedings issued, given or made in this court in the course of the present proceedings.

5. I will therefore allow this appeal and set aside the order of Master Lai and grant leave to the Plaintiff to serve any summons, notice, order, affidavit or any other documents relating to or arising out of the action out of jurisdiction to or at the Defendant’s residence at 1311 Founders Lake Drive, Atons, GA 30606, United States of America and at the Defendant’s business address at 320 East Clayton Street, 500 Atons, GA 30801, United States of America by ordinary mail. 

6. Costs of and occasioned by this application be cost in the cause.