WALLBANCK BROTHERS SECURITIES (HONG KONG) LTD v. EMILY TSE AND OTHERS

DCCJ 2422/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 2422 OF 2013

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D E C I S I O N

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1.  As far as the plaintiff’s reasons for an extension of time, their first reason is that they have to seek counsel’s advice and may have to amend the pleadings further.

2.  Now, the plaintiff has had lots of time.  As far as the plaintiff is concerned, they have had lots of time to do that.  In any event, this is a summons for extension of time to file affirmation in opposition to the defendant’s application to strike out the statement of claim.   It is not the plaintiff’s application for an extension of time to amend the statement of claim.  There is no relevancy to the time required to file the affirmation in opposition.

3.  As far as the second reason of board meetings is concerned, Mr Chan, you are your own client.  You are a director and a shareholder of the plaintiff company and, of course, you are also acting as the solicitor.  So, that is not an acceptable reason.

4.  As far as the third one is concerned, no prejudice. 

(Discussion with Mr Chan)

5.  As far as the prejudice is concerned, it has nothing to do with the time the actual hearing scheduled.  It has to do with the requirement of filing your evidence in time.

6.  Asking for 20 days’ extension, that would bring it up to the 28th day of April.

7.  Considering the submissions from both parties, my orders are as follows:

(1) unless the plaintiff serves and files affirmation in opposition to the defendant’s striking out application on or before 5 pm on the 28th day of April 2014 this year, the plaintiff is barred from adducing any evidence or making any submissions at the hearing of the defendant’s summons to strike out the statement of claim;

(2) costs of today be to the defendant, assessed at $600, payable forthwith.

(Discussion re costs)