XCHRX ASIANET CORPORATION LTD. v. DOMINGO CHEN & OTHERS

HCA 4728/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 4728 OF 2001

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D E C I S I O N

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1. There are 2 summonses before me today. The first is the Plaintiff's application for the continuation of the ex parte order dated 1 November 2001. The other is the Defendants' application for the discharge of the ex parte order.

2. At the beginning of the hearing, the Plaintiff indicated that because of events since the date of the ex parte order, there is no need to ask for the continuation of paragraph 1 of the ex parte order and the Plaintiff does not ask for its continuation.

3. The Defendants have filed affirmations alleging that there had been material non-disclosure on the Plaintiff's part. The Plaintiff asks for time to consider and deal with this allegation. At the end of the hearing, the parties do not oppose to an adjournment of the 2 summonses to 2:30 pm on 21 November 2001.

4. The dispute which needs a determination today is whether there should be a continuation of paragraph 2 of the ex parte order. Having considered the whole of the evidence, in particular paragraph 17(d) of the affirmation of Jin Yang Jang (but without taking into consideration the alleged material non-disclosure on the Plaintiff's part), the balance of convenience is such that that part of the ex parte order should be continued up to and including 21 November 2001. Since the Defendants have indicated that they will give an undertaking in those terms if required to do so, I will hear Defendants' counsel whether the Defendants will in fact do so.