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HCA 3960/2002
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
ACTION NO. 3960 OF 2002
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BETWEEN
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POWER TRADING & ENGINEERING
CO. (CHINA) (A FIRM) |
Plaintiff |
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and |
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NIPPON KANZAI CENTER COMPANY LIMITED |
Defendant |
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and |
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BEJING JUNEFIELD REAL ESTATE |
Third Party |
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DEVELOPMENT COMPANY LIMITED |
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Before: Recorder Edward Chan, SC in Court
Date of Hearing: 4 January 2005
Date of Judgment: 4 January 2005
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C O R R I G E N D U M
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Kindly note that Judgment of 4 January 2005 at page 4, paragraph 10, last line, “13 September 1999” should be repealed and replaced by “9 December 1998”.
Dated this 11th day of January 2005
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( Vingo Cheung ) |
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Clerk to Recorder Edward Chan SC |
against Beijing Junefield. However there is no admissible evidence before me in this respect.
9.Before me, Mr Ng gave evidence to verify the amount due. On the part of the Defendant, there was no evidence called. Although in the witness statement of Mr Nakamura filed by the Defendant, it was suggested that there was some dispute on the quantum of the amount due, as Mr Nakamura did not give evidence his witness statement could not be referred to and there is no admissible evidence before me to contradict the evidence of Mr Ng.
10.In the circumstances, I find that the amount due to the Plaintiff was as claimed by the Plaintiff and I will give judgment for the Plaintiff in the sum as claimed i.e. US$183,993.88 or its Hong Kong dollar equivalent at the time of payment with interest at 1% above the Hong Kong dollar prime rate of the HSBC from 9 December 1998 to the date hereof.
11.There will also be cost to the Plaintiff.
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(Edward Chan, SC) |
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Recorder of Court of First Instance |
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of the High Court |
Mr Joeson Wong, instructed by Messrs Chan & Chan, for the Plaintiff
Defendant in person, absent
Third Party in person, absent
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