SEVEN SEAS TEXTILES INDUSTRIES LTD v. GREAT EASTERN TEXTILES LTD

HCA1858/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1858 OF 2007

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JUDGMENT

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1. This is an appeal from the order of Master de Souza dated 22 February 2008 whereby he dismissed the plaintiff’s application for putting in further evidence before the hearing of the Order 14 proceedings. 

2. I am told that the Order 14 proceedings have been fixed for hearing before a master on 9 April 2008.  That is still some 21 days away. 

3. The plaintiff wishes to put in further evidence in response to matters raised in the 2^nd Affirmation of Cheng Chun Yeuk and Pang Wai Lin.  At the hearing before the master the plaintiff did not have any draft affirmations.  However, the 2^nd affirmation of Alexander Lui and the affirmation of Cheng Yiu have been placed before me.

4. The plaintiff has an obligation to show a triable issue to resist the Order 14 proceedings brought by the defendant.  It seems to me that the plaintiff should be entitled to put in all the evidence it seeks to put in before the master with a view to satisfying the master that there is a triable issue. 

5. From the submissions of Mr Chan some of the matters raised in the 2^nd affirmation of Cheng Chun Yeuk and Pang Wai Lin require to be answered.  If not answered, adverse inferences can be drawn against the plaintiff. 

6. In the circumstances I will give leave to the plaintiff to file and serve the 2^nd affirmation of Alexander Lui Shun Wa and the affirmation of Chan Yiu by 4 pm tomorrow.  The defendant should have the last round in the affidavit evidence and I will give leave to the defendant to file evidence in reply within 21 days thereafter.

7. The appeal is allowed and the order of the master is set aside.  I will hear counsel on the question of costs.