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HCA 524/2022
[2023] HKCFI 1109
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO 524 OF 2022
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BETWEEN
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CHEN YUE 陳悅 |
Plaintiff |
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and |
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LI SHAN 李珊 |
1st Defendant |
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FINE ELITE GROUP LIMITED |
2nd Defendant |
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| Before: |
Hon Au-Yeung J in Chambers (Open to the Public) |
| Date of Hearing: |
17 March 2023 |
| Date of Decision: |
17 March 2023 |
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D E C I S I O N
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1. Having heard the arguments, I note that Mr Lam has raised arguments about the capacity of the plaintiff to lodge the summons. And also, I consider that there is not enough material to satisfy me that there is such urgency as to justify making an interim order along the summons today. The defendants ought to be given a fair opportunity to defend.
2. In the premises, I am not satisfied that also for the part concerning the mandatory relief to be granted today alongside items 2 and 3, the test for making an order, a mandatory order today, is not satisfied.
3. The best course is to adjourn the summons for further arguments with full filing of affidavits. I will accept the undertaking of D1 along the lines of §1 of the summons with some adjustments on the wording.
4. 14 days for the defendants to file and serve affirmations in opposition to the summons. 14 days for the plaintiff to file and serve affidavits in reply, if so advised.
5. Matter is adjourned for argument to a date to be fixed, with three hours reserved.
6. Costs are reserved.
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(Queeny Au-Yeung)
Judge of the Court of First Instance
High Court
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Mr Laurence Li SC, leading Mr Bryon Chiu, instructed by Zhong Lun Law Firm LLP, for the Plaintiff
Mr Douglas Lam SC, leading Mr Charlie Liu, instructed by K M Tang & Co, for the 1st Defendant
Ms Rosa Lee, instructed by Chen & Lee Law Office, for the 2nd Defendant
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