XCHRX SILVER CHANCE LTD. v. CHINA SCI-TECH HOLDINGS LTD.

HCA 1771/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1771 OF 1999

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J U D G M E N T

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Godfrey, J.A. :

1. On this application for summary judgment, I am very nearly prepared to give judgment for the plaintiff. I regard as shadowy the suggested defence that the debtor did not receive the documents which it needed and to which it was entitled in order to obtain its goods and that the goods have a result ended up in the hands of a stranger. I will, therefore, give leave to the defendants to defend both these actions only on condition that the whole of the sum claimed be paid into court within 14 days from today. If the condition is satisfied, costs will be costs in the cause; if not, then the plaintiff will have judgment for the sum claimed, and its costs, in both actions.